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RESOLUTION NO. ~C7
(Series of 1992)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
EXPRESSING THE SENSE OF COUNCIL CONCERNING AMENDMENT NO. 2 AS
APPROVED BY THE COLORADO ELECTORATE ON NOVEMBER 3, 1992, AND
REAFFIRMING THE CITY OF ASPEN'S INTENTION TO EXERCISE AND ENFORCE
ITS CONSTITUTIONAL HOME RULE AUTHORITY TO PROHIBIT ACTS OF DIS-
CRIMINATION WITHIN THE CITY.
WHEREAS, on November 28, 1977, the city Council of the City
of Aspen adopted Municipal Code section 13-98 prohibiting
discriminatory practices in the City in regard to employment,
housing, public services and accommodations on the basis of race,
color, creed, religion, ancestry, national origin, sex, age,
marital status, physical handicap, affectional or sexual orienta-
tion, family responsibility, or political affiliation; and
WHEREAS, on November 3, 1992, a majority of the electorate
of Colorado approved the adoption of Amendment No. 2 to the
Colorado Constitution which attempts to invalidate local anti-
discrimination ordinances; and
WHEREAS, the city of Aspen has historically and consistently
viewed and treated illegal discriminatory practices within the
City as a matter of local concern under its constitutional home
rule authority; and
WHEREAS, Amendment No. 2 was soundly rejected by the citi-
zens of the city of Aspen by a margin of more than 3 to 1; and
WHEREAS, the City of Aspen has initiated litigation with
other concerned municipalities and citizens challenging the
constitutional validity of Amendment No.2; and
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WHEREAS, discrimination as sanctioned by Amendment No. 2 is
repugnant to the community values, traditions and laws of the
City of Aspen.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
section 1
City Council does hereby express the sense of Council that
Amendment No. 2 is violative of the rights and guarantees afford-
ed to the citizens of Aspen under the Constitution of the United
States, the Colorado Constitution, and the Home Rule Charter for
the City of Aspen.
Section 2
City Council does hereby affirm its intention and will to
prohibit illegal discriminatory practices as provided for in
Municipal Code section 13-98.
Section 3
The city of Aspen, pursuant to its constitutional home rule
authority to adopt and enforce legislation providing citizens the
equal protection of the law, shall continue to enforce the
provisions of section 13-98 of the Municipal Code until such time
as a court of competent jurisdiction determines that the City is
without legal authority and power to do so.
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section 4
The city council will undertake such other measures as it
may deem necessary to prohibit and combat illegal discrimination
in the city of Aspen.
RESOLVED, APPROVED AND ADOPTED this ;2:3 day of
~~~~~, 1992, by the City Council for the city of
Aspen, Colorado.
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John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the city council of the city of Aspen,
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Colorado, at a meeting held
, 1992.
Clerk
j (112). J
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