Cheyenne council advances administrative-inspection-warrants ordinance after hours of public opposition
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Summary
After more than two hours of public comment, the Cheyenne City Council approved on second reading ordinance chapter 1.28 to permit administrative inspection warrants for building and fire officials; opponents said the text is overly broad and violates the Fourth Amendment and Wyoming Constitution, while sponsors and staff said it targets life-safety and abandoned structures.
The Cheyenne City Council advanced chapter 1.28, an ordinance creating a process for administrative inspection warrants, on second reading after prolonged public testimony and council debate.
Supporters including Fire Chief Andrew Dykshorn and Chief Building Official Tony O'Pomerle told the council the measure is designed to allow officials to obtain warrants in narrow circumstances when life, health or safety inspections or post-fire investigations cannot proceed because property owners cannot be located or access is denied. "We want to enter commercial occupancies to do those regularly scheduled fire inspections… sometimes we are denied entry to certain parts of a building," Dykshorn said. He emphasized that the tool would involve judicial review: "Obviously, this has to go before a judge if we're going to request this… we have to have a purpose, administrative probable cause," he said.
Dozens of residents told the council the ordinance as written is too vague and could permit warrantless or secret searches. "This ordinance violates [the] Fourth Amendment… it is textbook government overreach," said Lehi Brown of Ward 2. Gary Pugh, a military veteran, said the ordinance "allows warrants to be issued merely to determine, discover, or verify compliance," and warned that a judge would become a "rubber stamp." Several speakers cited state constitutional differences and recent case law in Wyoming and other jurisdictions to argue the ordinance should be narrowed or rewritten.
Council members debated those concerns. Councilwoman (Doctor) Aldridge said she will not support the ordinance absent amendments that limit it to abandoned or unoccupied structures and add stronger documentation requirements. Sponsor Councilman White said the ordinance aims to protect both "public safety and constitutional rights" and noted the council could change language before third reading. Multiple council members urged submitting specific amendments to the Public Services Committee for revision.
After discussion, the council called the roll and the ordinance was approved on second reading with several members recorded as opposing. The council and staff said the ordinance will return to committee for changes before final action. The meeting record shows the council intends to work with community members and local attorneys to refine the language.
What happens next: The ordinance returns to the Public Services Committee for revision, then back to council for third reading. Councilmembers invited public input and offered to make the fire department policy brief an exhibit for public review.
Sources: Public testimony and staff presentations at the Jan. 12 Cheyenne City Council meeting; Fire Chief Andrew Dykshorn; Chief Building Official Tony O'Pomerle; multiple public commenters.
