Monument passes resolution condemning what they call ‘unconstitutional limitations’ imposed by governor

Monument, Colorado.
Monument, Colorado.(Town of Monument)
Published: Jan. 11, 2021 at 10:08 PM MST
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MONUMENT, Colo. (KKTV) - The Monument Board of Trustees made a statement Monday night through the passage of a resolution, stating they believe actions in response to the COVID-19 pandemic taken by Colorado’s governor are unconstitutional.

In a unanimous vote, the Board of Trustees passed Resolution 08-2021. The document can be read at the bottom of this article. The 7-0 vote came Monday night following a work session and a special meeting. In the resolution, the board is calling on the governor to reclassify every business as an essential business.

The title of the resolution is, “A resolution reasserting the rights of the Town of Monument and its residents and condemning the unconstitutional limitations imposed upon their freedoms by the governor of Colorado.”

The idea for the resolution came following what Monument Mayor Don Wilson described as passionate discussions on business restrictions in a recent Board of Trustees meeting. Wilson recognizes the dangers associated with COVID-19 but says this resolution is about treating all businesses equally.

“We do understand the concerns and the health risks associated with COVID and its spreading,” Wilson explained over the phone. “Our big concern is businesses not getting treated fairly.”

The resolution goes on to state it is up to business owners and individuals to be responsible for evaluating their own establishment and their capacity to safely accept patrons. However, one paragraph serves as a reminder of the guidelines set in place across Colorado through the state’s COVID-19 Dial Framework. As of Monday, El Paso County fell under “level orange” on the state’s dial.

“The Board of Trustees understands that, notwithstanding their unconstitutional nature,” part of the resolution reads. “State authorities will attempt to pressure businesses to comply and may threaten their livelihoods. The Town of Monument does not have the ability to preclude State enforcement actions. The Board therefore calls on each business and individual to determine for themselves the level to which they desire to comply, in their best interests, with the Governor’s unconstitutional orders.”

Gov. Jared Polis responded to the resolution during a news conference on Tuesday.

“They are simply incorrect if they say it’s unconstitutional, the courts have not agreed with that,” Gov. Polis explained of the COVID-19 guidelines put in place. “These extraordinary steps have saved the lives of thousands of Coloradans.”

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