AURORA | A federal district court judge this week ordered a southeast Aurora metropolitan district to stop enforcing a rule that prohibited a resident from flying a LGBTQ+ flag and displaying a sign promoting inclusivity at his home.
The ACLU of Colorado filed a lawsuit against the Whispering Pines Metropolitan District last month, alleging the district’s rules violated the First Amendment.
David Pendery said he received a violation letter from the metropolitan district for displaying the LGBTQ+ flag last summer.
While the metro district gave initial approval of the flag, Pendery was told that approval would expire on Dec. 31, 2020 and he would have to apply again to fly it in 2021.
“I don’t think I should have to get my free speech approved by the metro district,” he told the Sentinel.
Federal district court judge Christine Arguello agreed, granting the ACLU the immediate injunction it asked for in the lawsuit.
“The court finds …there is a real threat of irreparable harm absent injunctive relief; the balance of harms favors entry of an injunction; and the issuance of injunctive relief is in the public interest,” she wrote in her ruling filed Thursday.
Pendery and the metro district stipulated to the agreement prior to Arguello’s ruling.
Following reporting of the lawsuit, the Aurora City Council approved support for a resolution expressing support for LGBTQ residents’ free speech in metro districts.
“When LGBTQ+ people receive demands that they hide who they are from entities representing their neighborhoods, they must question whether the demand is caused by a neighbor complaining that they are showing pride,” the resolution says. “This creates fear and alienation. Respect from one’s neighbors and the ability to be authentic to oneself are necessary components of safety and quality of life, which we as a council want for every person in our city.”
All but councilman Dave Gruber voted for in favor of the resolution.
So glad The fellow stood up for his rights and that his rights were recognized as they should be. Thanks for reporting this
Dixie pride flags are ordered and ready to fly!
I neither argue with the LGBTQP’ right to freedom of speech, nor do I agree with any other groups claiming any ‘right’ to dictate the terms of my own self expression, in what I: kind of food I eat, flags/T’s I fly or wear, type of fuel I use to power my transportation, heat my home, or cook my food with, including what I believe!