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Aurora, Holmes reach settlement in First Amendment lawsuit

Aurora officials and activist MiDian Holmes (Shofner) announced a settlement Monday in a First Amendment lawsuit filed by Holmes almost a year ago.

The lawsuit claimed the decision by Aurora City Council members to end public comment pending a decision in the Kilyn Lewis family lawsuit was unconstitutional.

Under the settlement terms, Aurora City Council will continue to hold in-person meetings with a public comment period preceding regularly scheduled meetings, giving the public up to one hour of public comment with up to three minutes per speaker for the next three years, according to the settlement agreement.

Additionally, city officials will work through the city’s Ad Hoc Rules Committee to develop rules governing City Council conduct with meaningful public input, according to the agreement.

Aurora is also required to pay $75,000 for attorneys’ fees and costs to counsel, the settlement states.

“Ms. Holmes and Aurora are thankful to reach this resolution that affirms the values of the community’s perspective in the democratic process,” a joint statement said.

Holmes filed the lawsuit in June following a series of Aurora City Council decisions rolling back public comment allowances, alleging the council decisions silenced her and other speakers.

The lawsuit came shortly after councilmembers voted to hold future meetings virtually and get rid of the public comment session altogether until a decision was made in the lawsuit.

Holmes, along with family members and other supporters of Kilyn Lewis, have attended every Aurora City Council meeting for almost two years, in which they have advocated for charges to be filed and the firing of an Aurora Police Department officer involved in the fatal shooting.

The protesters have routinely disrupted the council proceedings.  

Lewis, 37, was shot by SWAT officer Michael Dieck on May 23, 2024, while officers were attempting to arrest him on an attempted murder warrant. He was not armed. 

In November, Aurora residents elected several new councilmembers, replacing the previously conservative-majority city council with a progressive-majority city council.

One of the first council decisions under the new body was to add one hour of public comment back to each end of the council meetings and restore the three-minute limit for speakers.


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