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Aurora council updates new public comment rule to ensure ADA compliance

Aurora City Councilmembers, Steve Sundberg, left, and Francoise Bergan (copy)

A new rule passed by the Aurora City Council on Monday night will limit the number of people who can speak to the council from the podium at a time with exceptions made for certain people, such as those with disabilities accepted under the ADA.

Earlier this month, councilmembers made the initial vote to change the public comment rule limiting the number of speakers at the podium, adding that an exception would be made for people with “physical disabilities.” 

In the early May meeting, Councilmember Francoise Bergan, the resolution’s sponsor, proposed the resolution to read that only one person was allowed at the podium at a time, with exceptions for a parent accompanying a minor and an interpreter for someone who needs assistance with the English language. 

During that meeting, Councilmember Crystal Murillo suggested adding an exception for people with disabilities as well. Bergan said she would only accept the exception if it read “physical” disabilities. 

“I think that would be very difficult to discern,” Bergan said. “I would accept your friendly amendment for physical disability.”

Councilmember Alison Coombs called the statement “deeply problematic” and “discriminatory.” Nevertheless, the amendment passed.

After discussion with the city attorney, Bergan proposed removing the “physical disabilities” from the resolution.

Instead, it was added to a whereas clause of the resolution, which states “the city will provide reasonable assistance to individuals with disabilities at the podium upon request, including but not limited to physical support, communication assistance, and the use of auxiliary aids, to ensure full and equal participation in public comment sessions.”

City Attorney Pete Schulte said there is no need to include that language in the resolution itself because “we will always follow the law.”

The resolution, sponsored by Bergan, passed with ‘no’ votes from Councilmembers Ruben Medina and Murillo.

The rule change is one of many that have been made to public comment rules over the past year, during which protesters have attended every council meeting since July to talk about Kilyn Lewis and request that councilmembers take action to fire the officer who shot him.

Also Monday night, councilmembers officially passed a new rule for handling neglected buildings in the city, saying that if a property owner doesn’t comply with requirements to fix their property it will be done for them at their expense.

The ordinance, passed unanimously Monday night, comes from a “troubling trend” of property owners treating code violation fines and court appearances as routine costs of doing business rather than incentives to comply with city code, according to council documents.

Neglected and derelict buildings can pose a health and safety threat to the public, Councilmember Stephanie Hancock said, making the buildings targets for break-ins and causing neighborhood blight.

The ordinance is a “last resort measure” that allows the city to request a receiver to take control of the property and fix it if the property manager does not comply. All costs are then billed to the property manager.


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Aurora council to vote on removing physical disabilities from exceptions to new public comment rule

At Monday night’s Aurora City Council meeting, councilmembers will vote on a resolution to alter a rule about public comment that was passed at the last council meeting. In early May, councilmembers voted to change another public comment rule to limit how people can speak to their elected officials during meetings amidst ongoing protests, limiting […]

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