Brighton councilmembers discussed whether the city should consider supporting a multi-city lawsuit challenging aspects of state preemption and instructed the city attorney to prepare a draft resolution for a future meeting.
The issue matters because several Colorado municipalities have filed lawsuits challenging state preemption on various matters; councilmembers said neighboring Westminster is one of the six original cities and Thornton has passed a supporting resolution.
At the study session the mayor noted that six cities in the state have filed suit on preemption authority matters and that “one of the six original cities is Westminster, which is in our county.” The mayor said a neighboring city, Thornton, has adopted a resolution supporting that lawsuit and suggested Brighton consider a similar action. Staff said City Attorney Calderon would prepare a draft resolution to bring to the council. A staff speaker said, “I will bring it as quickly as we can, get it on the agenda,” and cautioned that timing and court schedules may limit the practical effect of an early council resolution.
No formal motion or vote occurred; councilmembers asked staff to prepare a resolution for consideration at a future official meeting and staff agreed to return with the draft. The councilmember who raised the parking topic later suggested timing of court filings may limit benefit of immediate action, but asked staff to proceed with drafting so the council could consider it formally.