Mike Mahaney owns Headed West, which sells pipes and smoking accessories in Englewood, Colorado. After Mr. Mahaney painted two murals on the side of his business, the City of Englewood charged a store employee, Michael Allard, with violating the Englewood Sign Code. In addition to defending Mr. Allard, ACLU attorneys filed suit in state district court seeking a declaration that the Sign Code violates the right of free expression, both on its face and as applied to the Headed West murals. The trial court ruled for Englewood, but the Colorado Court of Appeals reversed and agreed with ACLU that the Englewood sign code violated the First Amendment. Mahaney v. City of Englewood, 226 P.3d 1214 ( Colo. Ct. App. 2009).
ACLU news releases:
- "ACLU attorneys file suit in defense of Englewood Shop owner's mural," ACLU News Release, July 16, 2007
- "ACLU wins free speech victory: Court of Appeals declares Englewood's sign code unconstitutional," ACLU News Release, October 1, 2009
Media:
- "Appeals court snuffs ruling to erase Englewood mural," The Denver Post, October 1, 2009
- "Court case saves Headed West hookah mural," Westword, October 2, 2009
- "Drawing a line on free speech," The Denver Post Editorial, October 4, 2009
- "Englewood won't appeal ruling allowing "Alice" mural" The Denver Post, Dec. 31, 2009
- "Englewood set to accept business murals as art, not regulated signs," The Denver Post, May 13, 2012
ACLU case number
2007-08
