FOR IMMEDIATE RELEASE December 8, 2009
Contact: David Flaherty 703-862-0305 on December 8th and 9th
David Flaherty 303-861-8585 on December 10th forward
CAMPAIGN VIOLATION BEING FILED AGAINST TOWN OF EAGLE - TOWN ACCUSED OF ILLEGALLY CONTRIBUTING TO PRO-EAGLE RIVER STATION CAMPAIGN BY USING TOWN’S EMAIL LIST TO PROMOTE CAMPAIGN EVENT

Eagle, CO – The Smart Growth Not Urban Sprawl - Vote No on Eagle River Station Campaign Committee filed a campaign violation with the Colorado Secretary of State today. The complaint accuses the Town of Eagle of illegally contributing to the YES For Eagle’s Future Campaign event at Brush Creek Pavilion on December 1st by using the Town’s email list to promote a campaign
event.

Colorado Revised Statute 1-45-117 clearly states:
(1)(a)(I) No agency, department, board, division, bureau, commission, or council of the state or any political subdivision thereof shall make any contribution in campaigns involving the nomination, retention, or election of any person to any public office, nor shall any such entity expend any public moneys from any source, or make any contributions, to urge electors to vote in favor or against any:
__(A) State-wide ballot issue (code abbreviated)
__(B) Local ballot issue that has been submitted for the purpose of having a title fixed pursuant
to section 31-11-111 or that has had a title fixed pursuant to that section;
__(C) Referred measure, as defined in section 1-1-104(34.5)

NO to ERS Campaign Manager David Flaherty stated today “The law clearly prohibits the Town of Eagle from making contributions to a town referendum campaign, YES or NO. It is very unfortunate that this illegal act took place. This abuse of Town resources to promote a campaign event is outrageous to say the lleast. Is it too much to ask the supporters of Eagle River Station to abide by the law when promoting their own campaign events?”

David Flaherty continued, “Breaking the law is serious business, and questions need to be asked how an email promoting a YES For Eagle’s Future campaign event was sent out to the Town’s email list, and the event was posted to the Town’s Calendar website. Without question the Town’s resources were used to promote a YES FOR EAGLE’S FUTURE campaign event as our evidence demonstrates. We believe this is illegal under Colorado statute 1-45-117.”

“Our campaign is about informing the people about the facts of Eagle River Station so that they know what they are voting for on January 5th. We look forward to the court’s decision in this matter and hope that the YES campaign abides by the law in the remaining weeks of this referendum.”

The official complaint, Colorado statute information, town notice, and a screen shot of the Town web calendar promoting the campaign event, are attached with this press release. This information and a video of the December 1st campaign event can be downloaded at .

The video can also be viewed on YouTube at http://www.youtube.com/watch?v=-rJqieLIdRg or enter the search words at YouTube.com “Brush Creek Pavilion Meeting December 1