Unconstitutional Local Laws
When Local Government Oversteps: How Pueblo Citizens Can Fight Back
Your Rights Don't Stop at City Hall - And Neither Should You
Here's what they don't advertise: local laws are often the most vulnerable to challenge, because local officials answer directly to the people who elect them. You have more leverage at the city council level than anywhere else in government - if you know how to use it.
This page exists to make sure you do.
🚨 What Does Local Overreach Actually Look Like?
Unconstitutional local ordinances aren't always obvious. They often get passed quietly, framed as public safety measures or community standards. Here are the categories worth watching:
Second Amendment Violations: Ordinances that attempt to restrict firearm possession, storage requirements that effectively ban home defense, or local gun registries that go beyond state law. Colorado is a home rule state, but that doesn't give Pueblo the right to nullify your constitutional rights.
First Amendment Violations: Restrictions on where and how citizens can protest, overly broad "disorderly conduct" ordinances used to silence dissent, permit requirements that give city officials discretionary power to deny assemblies they don't like, or rules that limit public comment at council meetings beyond reasonable time constraints.
Surveillance and Privacy Overreach: Red light cameras that generate revenue under the guise of safety, expansion of facial recognition or license plate reader programs without clear legal authority or public oversight, and data collection practices that have no transparency or accountability mechanism.
Arbitrary Enforcement: Code enforcement actions applied selectively against certain neighborhoods or property owners, permit denials without clear legal basis, and fines structured to drain citizens financially rather than correct violations.
🏙️ Know Your Pueblo-Specific Resources
Before you can challenge something, you need to know what the rules actually say. Pueblo is a Home Rule city under Article XX of the Colorado Constitution, meaning the City Charter governs local matters. The Charter was originally adopted in 1954 and most recently amended by voters in November 2017 to establish the current Mayor/City Council structure.
These are the documents you need to know:
- Pueblo City Charter - the foundational governing document. Available at pueblo.us/129/City-Charter
- Pueblo Municipal Code - the full body of city ordinances. Searchable at library.municode.com/co/pueblo
- Pueblo County Code - for county-level ordinances separate from city law. Available at county.pueblo.org
If you believe an ordinance violates your rights, start here. Look up the exact language of the law before you challenge it. Vague outrage doesn't win - specific legal arguments do.
⚖️ How to Actually Challenge an Unconstitutional Ordinance
Step 1 - Show Up and Speak
The Pueblo City Council holds regular public meetings and citizens have the right to speak during public comment. This is your first and most direct tool. Come prepared - cite the specific ordinance number, explain the constitutional violation clearly, and reference relevant case law or examples from other cities where similar ordinances were struck down. Keep it factual and focused. Personal attacks give the council an excuse to dismiss you. Constitutional arguments force them to respond.
Check the council's current meeting schedule and public comment sign-up deadlines at pueblo.us. Sign-up deadlines are often 48 hours before the meeting but confirm this each time.
Step 2 - File a Formal Complaint or Public Records Request
If you've been directly affected by enforcement of an ordinance you believe is unconstitutional - ticketed, fined, denied a permit - you have grounds for an administrative appeal. Appeals must typically be filed within 10 to 30 days of the enforcement action, so do not wait.
Colorado's open records law (CORA) also gives you the right to request documents, enforcement records, and internal communications from the city. Use it. Agencies are generally required to respond within three business days for acknowledgment and a reasonable timeframe for production. Patterns in public records have a way of making very compelling blog posts.
Step 3 - Organize a Citizen Petition
Under the Pueblo City Charter, citizens can petition to repeal ordinances or place measures on the ballot. This requires gathering signatures from a qualifying percentage of registered voters - verify the current threshold in the Charter or with the City Clerk, as requirements vary. Petitions are typically time-sensitive and must be filed within a set window after an ordinance passes.
A well-organized petition does two things: it creates a paper trail of public opposition and it forces the council to respond publicly.
Step 4 - Escalate to Legal Action
If administrative and political avenues fail, legal action is an option. Municipal court is the first level. Constitutional claims can be taken to state district court. Citizens whose constitutional rights are violated by local government action can also file federal civil rights claims under 42 U.S.C. § 1983 - a powerful tool that allows individuals to sue government officials directly for constitutional violations.
Statutes of limitations on local government lawsuits generally run one to two years from the date of the violation. Consult an attorney early - before the clock runs out. Colorado legal aid resources and civil rights organizations can sometimes provide guidance at low or no cost.
🧠 Sustaining the Pressure
One public comment rarely changes anything. Sustained, organized civic pressure does. Some of the most effective things a concerned Pueblo citizen can do right now cost nothing but time:
Watch the council meetings - either in person or via recordings - and document what you see. Attend regularly enough that council members recognize you. Build a record of votes, statements, and decisions. Support candidates who respect constitutional limits on local government. And consider that the most direct way to stop bad ordinances from being passed in the first place is to make sure the people voting on them answer to an informed, engaged, and vocal public.
Silence is compliance. You live here. This is your city.
See something the Pueblo city council is doing that crosses the line? Use the Suggest Content form in the sidebar to send it our way.
