{"id":44454,"date":"2021-10-01T19:01:00","date_gmt":"2021-10-02T01:01:00","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/the-aclu-has-become-a-powerful-player-at-the-colorado-capitol-but-at-what-cost\/"},"modified":"2021-10-02T01:01:00","modified_gmt":"2021-10-02T01:01:00","slug":"the-aclu-has-become-a-powerful-player-at-the-colorado-capitol-but-at-what-cost","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/the-aclu-has-become-a-powerful-player-at-the-colorado-capitol-but-at-what-cost\/","title":{"rendered":"The ACLU has become a powerful player at the Colorado Capitol. But at what cost?"},"content":{"rendered":"\n

\"Colorado
Colorado lawmakers wrap up the 2020 legislative session in the state Capitol in Denver. (David Zalubowski\/Associated Press file)<\/span>cca<\/span><\/figcaption><\/figure>\n<\/p>

The ACLU of Colorado team credited with helping pass a slate of sweeping criminal justice reform measures abruptly resigned this month amid questions about whether the organization \u2013 powered by a jump in donations and a favorable political climate \u2013 was too aggressive in wielding its new status as one of the most influential groups at the state Capitol.<\/p>\n

The departures come after a shift in strategy for the nonpartisan civil rights nonprofit, which has worked in recent years to abolish Colorado\u2019s death penalty, reimagine policing and require that people who are arrested are quickly seen by a judge.<\/p>\n

The group helps write bills, steer lawmakers and marshal powerful grassroots networks to testify on behalf of criminal justice reform measures with an emphasis on tackling systemic injustice.<\/p>\n

\u201cWe really want to move from being defense to being offense,\u201d said Deborah Richardson, the new head of the ACLU of Colorado, who started in March. \u201cThose who have been disenfranchised in this state, they deserve this power, they deserve this advocacy because no one else is speaking up for them in a way they need to be heard.\u201d<\/p>\n

\"ACLU
ACLU of Colorado Executive Director Deborah Richardson on Sept. 27. (Hart Van Denburg\/Colorado Public Radio)<\/span>cca<\/span><\/figcaption><\/figure>\n<\/p>

But the organization\u2019s success has come at a cost.<\/p>\n

The group\u2019s signature bill this year was rejected in a tangle of controversy as the pressure the ACLU exerted frustrated lawmakers on both sides of the aisle. The organization has also been accused of bullying by the law enforcement community.<\/p>\n

\u201cThey\u2019ve gone from watchdog to pit bull,\u201d said Colorado Springs Mayor John Suthers, a Republican who served as Colorado\u2019s attorney general and U.S. attorney.<\/p>\n

Advocates defend the ACLU\u2019s work, saying it has led to badly needed change.<\/p>\n

\u201cWe have made significant gains in Colorado, and it\u2019s important that we understand that they\u2019re long-term gains,\u201d said state Rep. Leslie Herod, a Denver Democrat who has worked on much of the ACLU\u2019s priority legislation, including sweeping police reform measures.<\/p>\n

The Colorado Sun teamed up with Colorado Public Radio to interview more than a dozen lawmakers, lobbyists and top staff members at the ACLU of Colorado. The reporting revealed that as the organization grew in size and power, it built on its work in courthouses to influence the Colorado House and Senate.<\/p>\n

\"Rep.
Rep. Leslie Herod, D-Denver, right, speaks as Colorado Gov. Jared Polis waits to sign a broad police accountability bill during a news conference in the rotunda of the Colorado Capitol on June 19, 2020, in downtown Denver. The ACLU backed the measure, Senate Bill 217.(David Zalubowski\/Associated Press file)<\/span>cca<\/span><\/figcaption><\/figure>\n<\/p>
The ACLU wasn\u2019t always a policy powerhouse<\/div>\n

The ACLU of Colorado\u2019s roots date back to 1952. As recently as 30 years ago, it employed just a handful of staff members and most of their work was in courtrooms, suing and defending people in the name of constitutional liberties.<\/p>\n

But the 2016 election of Donald Trump significantly swelled contributions and excitement about the ACLU of Colorado, as concerns on the left mounted about issues like abortion rights and immigration policy.<\/p>\n

The organization\u2019s revenue doubled to $2.8 million in 2017 from $1.4 million in 2014, according to federal tax filings, driven by skyrocketing donations and allowing it to hire so many more staff members the ACLU had to expand its downtown Denver office space.<\/p>\n

\u201cImmediately after the election, it seemed that many people were looking to the ACLU to be the organization that was going to deal with this new, sudden and somewhat surprising threat to civil liberties,\u201d said Mark Silverstein, the ACLU of Colorado\u2019s legal director. \u201cAnd people started sending us money without us even asking.\u201d<\/p>\n

Silverstein remembers being told of bands playing at bars and dedicating some percentage of their earnings to the ACLU.<\/p>\n

\u201cI was congratulating our development director,\u201d Silverstein said. \u201cI\u2019m like, \u2018amazing work.\u2019 She said, \u2018I didn\u2019t do it, Donald Trump did.\u2019\u201d<\/p>\n

\"Mark
Mark Silverstein, legal director of the ACLU of Colorado, speaks during a news conference May 5, 2016, in Colorado Springs. (Mark Reis\/The Gazette via AP file)<\/span>cca<\/span><\/figcaption><\/figure>\n<\/p>

Then, in 2019, Democrats won control of the Colorado Legislature, which gave the ACLU the ability to translate its growth into policy wins. Additionally, the murder of George Floyd by police in Minneapolis last year led to cries for the kinds of policy changes the ACLU of Colorado had been pushing for.<\/p>\n

Unlike other groups that lobby state lawmakers, the ACLU of Colorado doesn\u2019t spend money in statehouse elections. Rather, it exerts power through a vast grassroots network of supporters who can be uncompromising in their pursuit of change.<\/p>\n

\u201cThat kind of activism is more like how the NRA operates on the other side of the spectrum,\u201d said Tom Raynes, who leads the Colorado District Attorneys\u2019 Council. \u201cThey\u2019re very similar.\u201d<\/div>\n

But the ACLU of Colorado wasn\u2019t always a policy powerhouse.<\/p>\n

For most of its existence, the Colorado affiliate and its national parent were responsive organizations, fighting against alleged First Amendment violations and representing even Nazis and their rights in court.<\/p>\n

Richardson says her organization is now placing more emphasis on fighting for racial justice and that it\u2019s playing both offense and defense as part of a proactive strategic national initiative intended to prevent the kind of wrongdoing that the organization is known for filing lawsuits over.<\/p>\n

\u201cWe\u2019re holding the line and pushing forward toward righting the wrongs that exist,\u201d she said.<\/p>\n

The Colorado branch of the ACLU has received resources from the national organization over the past five years because it\u2019s considered a pivotal affiliate that \u201ccan move the needle of social change forward,\u201d Richardson said.<\/p>\n

\u201cThey have helped us invest in our campaigns, public education work, our communications work, public policy, obviously, as well as our legal work,\u201d she said.<\/p>\n

The changes at the ACLU\u2019s Colorado chapter come amid shifts at the national organization, too. The New York Times<\/em> reported earlier this year that the ACLU\u2019s staff is debating whether the organization is straying too far from its free speech roots toward advocacy for progressive causes.<\/p>\n

The national organization faced an internal reckoning after its affiliate in Virginia successfully represented white supremacists\u2019 right to protest in Charlottesville, Virginia, in 2017. After the demonstration turned deadly when a man intentionally drove his car into a group of counter protesters, the ACLU launched a review process ahead of legal work defending speech with which it disagrees.<\/p>\n

\"Executive
Executive director of the American Civil Liberties Union of Virginia, Claire Guthrie Gastanaga, at podium, addresses the media during a news conference May 10, 2018, in Richmond, Va. The national organization faced an internal reckoning after its affiliate in Virginia successfully represented white supremacists\u2019 right to protest in Charlottesville, Virginia, in 2017. After the demonstration turned deadly when a man intentionally drove his car into a group of counter protesters, the ACLU launched a review process ahead of legal work defending speech with which it disagrees. (Steve Helber\/Associated Press file)<\/span>cca<\/span><\/figcaption><\/figure>\n<\/p>

Recently, however, the ACLU of Colorado filed a brief in support of the free speech rights of a Cherry Creek School District student who was expelled after sending a Snapchat joking about killing Jews.<\/p>\n

Three policy staffers abruptly depart<\/div>\n

Denise Maes, the ACLU of Colorado\u2019s public policy director, and Rebecca Wallace, the organization\u2019s senior staff attorney and senior policy counsel, announced their resignations earlier this month.<\/p>\n

Maes, who started her job at the ACLU in January 2012 after working for the Obama administration, said she\u2019s \u201cvery proud of the work I accomplished at the ACLU and, perhaps, more importantly the direct impact our work had on the people of Colorado.\u201d<\/p>\n

\u201cWe accomplished a lot,\u201d she said. \u201cI\u2019m looking forward to doing that work, albeit in a different space.\u201d<\/p>\n

Maes said she decided to leave the ACLU because the organization is rethinking its direction.<\/p>\n

\u201cThe direction it was going was not going to align with where I was hoping things would go,\u201d she said.<\/p>\n

Rep. Dave Williams listens as ACLU Public Policy Director Denise Maes addresses a Colorado House Committee meeting on his bill that would allow crackdowns on \"sanctuary cities,\" March 14, 2018. (Kevin J. Beaty\/Denverite, via The Colorado Sun)
Rep. Dave Williams listens as ACLU Public Policy Director Denise Maes addresses a Colorado House Committee meeting on his bill that would allow crackdowns on \"sanctuary cities,\" March 14, 2018. (Kevin J. Beaty\/Denverite, via The Colorado Sun)<\/span>cca<\/span><\/figcaption><\/figure>\n<\/p>

Wallace, who had been with the ACLU for almost 11 years, declined to comment for this story on her departure.<\/p>\n

Elisabeth Epps, a community activist who worked as a policy contractor with the ACLU, also decided to split from the organization. She said her decision \u201ccertainly was heavily informed by Denise and Rebecca\u2019s choices,\u201d but that she also felt she could be more effective in changing pre-trial policies, her main focus, through the Colorado Freedom Fund where she is the executive director. Wallace will serve as senior policy counsel at the nonprofit.<\/p>\n

Epps said she is leaving the ACLU on good terms and is proud of her work there.<\/p>\n

\"Denver
Denver Public Schools board member Tay Anderson, left, and activist Elisabeth Epps address a large crowd of demonstrators during a Black Lives Matter march outside of East High School in Denver, June 7, 2020. (Kevin Mohatt\/Special to The Colorado Sun)<\/span>cca<\/span><\/figcaption><\/figure>\n<\/p>

Maurice Scott, chairman of the ACLU of Colorado\u2019s board of directors, denied that the organization has shifted direction.<\/p>\n

\u201cIn terms of our mission, nothing has changed,\u201d he said in a written statement. \u201cWe are not abandoning criminal legal reform or any issue that leads to ending systemic injustice. We will continue to convene communities across Colorado to inform the work we do, and how we go about that work. Our mission remains the same and we will continue to protect, defend and extend the civil rights and civil liberties of all people in Colorado through litigation, education and advocacy.\u201d<\/p>\n

But the three women who have left the ACLU of Colorado oversaw the group\u2019s work at the Capitol and spent years building relationships with lawmakers. The ACLU\u2019s successes at the Legislature were in no small part because of them, Capitol insiders say.<\/p>\n

Maes is only the ACLU of Colorado\u2019s second public policy director. She took over the position from Jessie Ulibarri, who went on to serve a term as a Democratic state senator. Ulibarri had the job from December 2010 to November 2011.<\/p>\n

\u201cThis build of capital at the Capitol has not been an overnight success,\u201d Maes said in an interview a few weeks before her resignation. \u201cIt\u2019s been some hard work and some smart minds around the table.\u201d<\/p>\n

And Maes said the ACLU hasn\u2019t always been willing to compromise \u2013 unlike other groups at the Capitol.<\/p>\n

\u201cOur role at the Capitol is not simply to champion a legislative win,\u201d she said. \u201cIt is to champion a legislative win that matters, that has impact \u2013 that really changes the lives of individuals who really need that work. The bill has to move the dial. It has to make a difference. That\u2019s being true to our mission, which is very different than a lobbyist\u2019s mission.\u201d<\/p>\n

Maes added: \u201cWe are going to push the envelope. We are going to force legislators to take hard votes.\u201d<\/div>\n

That passion may have been taken too far earlier this year during the debate of ACLU\u2019s signature piece of legislation \u2013 a measure to limit when officers can arrest and detain people.<\/p>\n\n

The first proposal, Senate Bill 62, would have restricted arrests, with some exceptions, to people accused of Class 1, 2 or 3 felonies, crimes the state considers the most serious, like murder and assault where the victim is seriously injured. When that legislation failed to garner enough support for passage, a pared-back version of the policy was introduced in the form of Senate Bill 273.<\/p>\n

A major argument for the legislation was that it would prevent the kind of arrests that preceded the murder of George Floyd, who was taken into custody on suspicion of using counterfeit money, and the Denver jail death of Michael Marshall, who was arrested on a trespassing charge and kept behind bars because he couldn\u2019t pay his $100 bond.<\/p>\n

Senate Bill 273 cleared the Senate but was rejected in a House committee after two Democrats \u2013 Reps. Matt Gray of Broomfield and Shannon Bird of Westminster \u2013 joined Republicans in voting \u201cno.\u201d<\/p>\n

Gray and Bird faced significant backlash over their vote, including from the ACLU.<\/p>\n

\u201cThey chose to use their committee position to block a bill urged by their DA, Black & Brown colleagues & constituents, & supported by their caucus,\u201d Wallace said on Twitter. \u201cThat\u2019s their flex.\u201d<\/p>\n

Maes also called Bird and Gray out by name at a recent ACLU of Colorado fundraising event, saying they were responsible for killing the measure.<\/p>\n

At a Broomfield County Democrats meeting over the summer, several criminal justice activists showed up at the virtual gathering to grill Gray on his vote.<\/p>\n

\u201cThere\u2019s a great number of these reforms I could vote for,\u201d Gray, who declined an interview request for this story, said during the meeting. But Gray explained he wanted changes made to the measure \u2013 including one expanding officers\u2019 discretion to arrest people accused of misdemeanors if they feel it\u2019s necessary. But the sponsors were unwilling to make those amendments. Gray, in turn, was unwilling to vote for the bill.<\/p>\n

\"State
State Rep. Matt Gray, D-Broomfield, in the Colorado House chambers as the second regular session of the 72nd Colorado General Assembly convenes at the Colorado State Capitol. (Kathryn Scott\/Special to The Colorado Sun file)<\/span>cca<\/span><\/figcaption><\/figure>\n<\/p>

The intense support for the bill among criminal justice reform advocates also spilled over to even private business owners who simply testified against the measures.<\/p>\n

Connie Brenton, who owns Art Mart Gifts on Boulder\u2019s Pearl Street Mall, said activists started showing up at her store to complain about her public statements against Senate Bills 62 and 273 \u2013 testimony that was prompted by a string of break-ins and assaults on her employees.<\/p>\n

One guy filmed her. Another erupted in anger and yelled at her to the point she had to call the police. Brenton said she didn\u2019t know where the activists were from \u2013 and there\u2019s no indication they were affiliated with the ACLU \u2013 but she had never seen them before she testified against the measures.<\/p>\n

\u201cThey wanted my voice silenced,\u201d she said.<\/p>\n

\u2018Should have done a better job\u2019<\/div>\n

Some of the ACLU\u2019s greatest allies say the organization could have handled the situation around Senate Bills 62 and 273 better.<\/p>\n

\u201cI think that sometimes when you are very successful and you start to have that track record of success that maybe you hadn\u2019t had before, maybe you get your own blind spots,\u201d Herod said. \u201cAnd maybe there\u2019s a little bit of cockiness or heavy handedness that doesn\u2019t work well with every personality.\u201d<\/div>\n

Even Maes, who is still contemplating her next career steps, said she learned from the experience. Maes said the ACLU \u201cshould have done a better job\u201d in branding messages on legislation. Not doing so left a vacuum for activists to fill.<\/p>\n

\u201cThere were a lot of folks who were really aggressive on this bill,\u201d she said. \u201cI don\u2019t think it was the ACLU.\u201d<\/p>\n

But Senate Majority Leader Steve Fenberg, one of the top Democrats at the Capitol, said he thinks the ACLU\u2019s recent wins at the Capitol have put its long-term goals at risk.<\/p>\n

\u201cIf you want structural change to be sustainable,\u201d Fenberg said, \u201cyou can\u2019t look at it as just a win at any cost, legislative session by legislative session.\u201d<\/p>\n

Law enforcement, in particular, was disheartened by how negotiations over Senate Bills 62 and 273 went.<\/p>\n

Former Steamboat Springs police Chief Cory Christensen, who until his recent retirement was the head of the Colorado Association of Chiefs of Police, said he\u2019d worked successfully with the ACLU in the past on body-worn camera legislation and other criminal justice bills.<\/p>\n

\u201cIt was a very positive experience,\u201d he said. \u201cI appreciated the viewpoints. I appreciated the things that maybe I hadn\u2019t thought about that would be important to the civil liberties of humans.\u201d<\/p>\n

\"Denver
Denver police ahead of protesters in Denver\u2019s Capitol Hill neighborhood on June 6, 2020. (Jesse Paul\/The Colorado Sun)<\/span>Jesse Paul\/The Colorado Sun file<\/span><\/figcaption><\/figure>\n<\/p>

But the tone around Senate Bills 62 and 273 effort was different.<\/p>\n

\u201cThey argued with us,\u201d Christensen said. \u201cI was the first to lead off and they immediately interrupted me and just bullied me. I never got to speak again in a 30-minute meeting. I found it disheartening, to be honest. It was argumentative and pushing the rights of one group over the rights of another.\u201d<\/div>\n

Douglas County Sheriff Tony Spurlock, a Republican who used to lead the County Sheriffs of Colorado, said he doesn\u2019t think the ACLU \u201cis interested in what law enforcement has to say\u201d and that the legislation it pushed in Colorado is sometimes responding to issues in other states.<\/p>\n

\u201cWe should have a working relationship with the ACLU where we can come together and work on the issues of Colorado,\u201d he said. \u201cNot the issues of Minnesota or Missouri.\u201d<\/p>\n

\"Douglas
Douglas County Sheriff Tony Spurlock talks about the shooting at STEM School in Highlands Ranch on Tuesday, May 7, 2019. (Jesse Paul\/The Colorado Sun)<\/span>cca<\/span><\/figcaption><\/figure>\n<\/p>

Suthers, the former attorney general, said it\u2019s dangerous for lawmakers to be listening so much to the ACLU.<\/p>\n

\u201cYou don\u2019t look to the ACLU for advice on public safety,\u201d he said. \u201cYou look to the ACLU for how to keep people out of jail. You probably need to talk to somebody else about what the impact is on public safety.\u201d<\/p>\n

\u2018They write them, they lobby them and they do a good job at it\u2019<\/div>\n

State Sen. Pete Lee, a Colorado Springs Democrat who has worked on a number of ACLU-backed bills, including Senate Bills 273 and 62, sees the organization as an obvious partner in his work to change the criminal justice system because of their expertise.<\/p>\n

\u201cIn the last couple of years, when I\u2019ve been more focused on criminal justice reform, the ACLU has come to me and said, \u2018we can help you on this bill, senator,\u2019\u201d Lee said. \u201cAnd I\u2019ve said, \u2018come forth.\u2019\u201d<\/p>\n

\"Colorado
Colorado Sen. Pete Lee directs a hearing about the child sexual abuse accountability act before the Senate Judiciary Committee in the State Capitol, March 11, in Denver. (David Zalubowski\/Associated Press file)<\/span>cca<\/span><\/figcaption><\/figure>\n<\/p>

Richardson, the ACLU\u2019s director, said she\u2019s proud of the power her organization has at the Legislature. The failure of Senate Bills 62 and 273 represented just one policy loss out of 11 priority measures the ACLU of Colorado backed at the Legislature this year.<\/p>\n

\u201cWhen you say that we\u2019re powerful, I consider that a compliment because that\u2019s exactly what we want to be,\u201d she said. \u201cIt\u2019s very strategic. This didn\u2019t just happen this way.\u201d<\/p>\n

But some question whether the influence, which really grew after Democrats took control of the Legislature in 2019, has gone too far.<\/p>\n

\u201cThey write (bills), they lobby them and they do a good job at it,\u201d said Raynes, the president of the Colorado District Attorneys\u2019 Council.<\/p>\n

Lee said when he first arrived at the Capitol, he wrote his own bills and worked on them himself. Then he realized he could get help from groups like the ACLU.<\/p>\n

\u201cI didn\u2019t know there\u2019s another way to do things and that is to engage advocate stakeholders to do the work for me,\u201d he said. The ACLU, Lee said, is \u201cbrilliant, and they have the research, and they have the knowledge, and they have the witnesses, and they can really help lobby the bills.\u201d<\/p>\n

But it\u2019s not just Lee. Several lawmakers have worked with the ACLU on legislation in recent years, relying on the organization\u2019s network.<\/p>\n

\u201cThey have influence because they have built relationships with legislators, especially legislators who are looking to do criminal justice reform, and have made themselves the go-to organization and starting point for legislation development,\u201d Herod said.<\/p>\n

Herod said that even though the ACLU doesn\u2019t directly contribute to campaigns like other groups that lobby at the Capitol, they have power over lawmakers \u2013 particularly those with ambition \u2013 because they have so much data and connections to grassroots groups.<\/p>\n

\u201cLiterally, if I pick up the phone and need something, they will do it,\u201d she said. \u201cI think that matters.\u201d<\/p>\n

\"State
State Rep. Leslie Herod, D-Denver, is pictured before the start of Colorado\u2019s 73rd legislative session at the Colorado State Capitol in Denver on Jan. 13. (Andy Colwell, Special to The Colorado Sun)<\/span>cca<\/span><\/figcaption><\/figure>\n<\/p>

State Sen. Bob Gardner, the ranking Republican on the Colorado Senate Judiciary Committee, said he often negotiates with the ACLU over legislation rather than the Democrats who sponsor their bills.<\/p>\n

\u201cI repeatedly found myself in a situation where my colleague, Sen. (John) Cooke, and I were asked to come to a negotiation with \u2018the sponsors\u2019 of a particular bill only to walk in and find the sponsor is sitting there with the ACLU,\u201d Gardner said, referring to the Republican lawmaker from Greeley.<\/p>\n

Maes denied that the ACLU of Colorado has written legislation introduced at the Capitol, but she admitted that the organization has played a big role in bills.<\/p>\n

\u201cWe might give proposed text. We might give proposed bullet points. We develop fact sheets. We do work with a drafter when a draft of a bill comes back and there\u2019s question marks,\u201d she said. \u201cAll of this is in collaboration with the bill sponsors.\u201d<\/p>\n

Gardner may not always agree with the ACLU of Colorado\u2019s positions, but he says he can\u2019t criticize the organization for wielding its power.<\/p>\n

\u201cThey have the influence that they\u2019re given,\u201d Gardner said. \u201cThey have the influence that elected legislators allow them. Don\u2019t blame the association or the interest group for taking advantage of the influence they have.\u201d<\/p>\n

The Colorado Sun is a reader-supported, nonpartisan news organization dedicated to covering Colorado issues. To learn more, go to coloradosun.com<\/em><\/a>.<\/p>\n

To read more stories from Colorado Public Radio, visit www.cpr.org<\/em><\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

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