Boulder's defense of restraining order against annoying critic a joke, says David Lane

Thumbnail image for seth brigham topless.jpg
Seth Brigham.
In May, Boulder officials filed a restraining order against Seth Brigham, the city's most annoying critic, arguing that he was a threat. Brigham, who won a hefty judgement against Boulder two years ago (more on that below), responded by contacting attorney David Lane and taking the city to court. Yesterday, a hearing was held in the matter, and while the judge has not yet ruled for or against Brigham, Lane characterizes the proceeding as "a joke."

Rather than reaching a decision based on yesterday's testimony, Boulder County Court Judge David Archuleta gave the Boulder until August 17 to provide more evidence about Brigham. Was Lane frustrated by Archuleta's institution of what's in essence an overtime period?

"No," he answers. "I was frustrated that the City of Boulder is so lacking in any grounding in First Amendment law.

"I believe what's happening here is that the judge is going to rule in our favor," he goes on, "but he wants to give Boulder every opportunity imaginable to get in compliance with the First Amendment in this case. And they're not going to be able to. I rarely make predictions about how judges will rule, but I have great confidence Boulder is going to get slapped down hard on this one."

As we've reported, Brigham has been a thorn in the side of Boulder officials for years. Note that in 2010, the city paid him $10,000 to prevent a First Amendment lawsuit from Lane over the gadfly's arrest at a city council meeting. There, Brigham stripped to his boxer shorts as a way of ridiculing a nudity ordinance he incorrectly thought would be debated that night.

Here's video of his big moment:

More recently, Brigham has been sending e-mails accusing Boulder City Councilwoman KC Becker of financial impropriety and got into a dustup with councilman George Karakehian involving a "Heil Hitler" salute, multiple F-bombs and conflicting views about who touched and/or jabbed who. These incidents were shared with Dr. John Nicoletti, an expert on workplace violence, who concluded Brigham "was definitely a threat and the city needed to take action," according to Boulder spokeswoman Sarah Huntley.

dr john nicoletti.jpg
Anthony Camera
A file photo of Dr. John Nicoletti.
In a previous interview with Westword, Lane pointed out that Nicoletti didn't meet or speak with Brigham before making his recommendation -- a methodology the attorney compared with mind-reading. And Lane wasn't any more persuaded by Nicoletti's testimony at the hearing yesterday.

"He admitted that his sole focus was Seth Brigham causing social and psychological anxiety and disruption in the minds of the city council," Lane maintains. "And even if the answer to that is 'yes,' my reaction is, 'So what? Martin Luther King caused social and psychological disruptions. That's what you're supposed to do in the political arena.' And [Nicolletti] said, 'You may be right. I'm not a First Amendment dude. I'm a workplace violence dude.'

"But what's appalling is that the city somehow thinks they can do this - because heaven forbid we should have psychological disruption visited on officials who are hiding evidence of their own corruption, according to Seth. Boulder is a very sensitive place, and we don't want our elected leaders having their feelings hurt."

Page down to read more about the Seth Brigham case and read the restraining order.


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9 comments
Juan_Leg
Juan_Leg

Why David Lane ???

He is SO over-rated !!!

rsears457
rsears457

i'm not sure that this lawyers comparison of Bingham to MLK is accurate; i would say more closely alined with the Westboro Baptist Church. both have become emboldened by court victories and have become more annoying because of that.

 

mr Bingham may have 1st amendment rights to behave as he does, but the juvenile antics distract from any points he might have been able to argue.

 

also, 1st amendment issues aside; going from being disruptive in a public meeting to personal confrontations and email does show a pattern of escalation that could border upon a personal animosity that is not being discussed. again, distracting from any relevant arguments to be made.

jojo
jojo

What a bunch of pussies! They don't like Seth calling them fascists! Waa-waa-waa! PUSSIES!  You are fascists! If this TRO stands, then we will all be down there at City Council calling you FASCISTS, so better grow some thicker skin!

Juan_Leg
Juan_Leg

 @rsears457 

That's David Lane for you.

Not much different than a

used car salesman......

michael.roberts
michael.roberts moderator editortopcommenter

 @jojo Hope this post doesn't result in a restraining order! Thanks for weighing in, Jojo.

DonkeyHotay
DonkeyHotay topcommenter

 @jojo Only Lowlife Cowardly Fascists resent being called Fascists.

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