By Nathan Woodliff-Stanley, ACLU of Colorado Executive Director 

Would it surprise you to learn that even though Colorado was never a slave state, the Colorado Constitution still leaves a door open for legal slavery in this state? Colorado voters have the opportunity on November 6 to vote yes on Amendment A and close this constitutional loophole, finishing the constitutional abolition of slavery in Colorado. Along with the Abolish Slavery Colorado coalition and a wide array of bipartisan and nonpartisan supporters, the ACLU of Colorado endorses Amendment A to “prohibit slavery and involuntary servitude in all circumstances” in Colorado.

The problem is rooted in the politics surrounding the 13th Amendment to the U.S. Constitution, which abolished slavery after the Civil War. That amendment also abolished “involuntary servitude” to avoid slavery by another name. However, in order to get it approved, the amendment was modified to say, “except as a punishment for crime whereof the party shall have been duly convicted.” While some states do not have language echoing that exception, and some explicitly prohibit slavery with no exceptions, the Colorado Constitution uses the same exception allowing slavery as a punishment for crime.

Slavery is not a Colorado value, and it should not even be a possibility under the Colorado Constitution.

After the Civil War, many states, mostly former slave states, immediately exploited the 13th Amendment loophole allowing slavery and involuntary servitude as a punishment for crime. Many former slaves were arrested and then put back into slave labor conditions through convict leasing, a lucrative practice that generated more than 70% of total state revenues for the state of Alabama in 1898. From the 1920s through 1941, convict leasing was gradually eliminated through state laws and by presidential executive order. The constitutional loophole, however, was never removed.

In states such as Colorado that echo that loophole, as incredible as it may seem, slavery and involuntary servitude may not be fully unconstitutional. While of course we would hope our legislature and courts and correctional institutions would never allow it, it would not necessarily violate our constitution for prisoners to be bought and sold for slave labor by public or private prisons, or even put on the auction block and sold as slaves to the highest bidder, as long as it could be defined as a punishment for crime. We may think that could never happen, but in the context of today’s national politics, it is hard to feel comforted just by an assumption that something will never happen.

Slavery is not a Colorado value, and it should not even be a possibility under the Colorado Constitution. Colorado voters had the opportunity to make this change two years ago through 2016’s Amendment T, but the title and description of that amendment were confusing (“End Exception to Involuntary Servitude Prohibition”—at least a triple negative) and it barely failed by less than one percent of the vote. Surely Colorado voters did not intend to affirm slavery, but we will find out in November, because this time there is no excuse. “Prohibit Slavery and Involuntary Servitude in All Circumstances” is much less confusing, and it should be clear that a Yes vote on Amendment A is a vote to Abolish constitutional slavery in Colorado once and for all.

While some concerns were also raised in 2016 about prison work or service programs, it should be clear that desirable work programs or programs that people convicted of crimes agree to take part in would not be affected because they would not constitute involuntary servitude or slavery. Whatever our corrections system may be, even in areas where there is legitimate debate, we should all agree that it should never consist of actual slavery or involuntary servitude. Amendment A is a truly bipartisan measure that was passed unanimously by all Republicans and all Democrats in the Colorado legislature. It is more than a symbolic measure, because it closes the door on the possibility of future abuses, and it also sends a positive message in a time of great division in our nation. It recognizes the horror and suffering of those who have been enslaved in this nation, and it honors the legacy of Frederick Douglass, Harriet Tubman, William Lloyd Garrison, Silas Soule, Sojourner Truth, and thousands of others who fought and died for the abolition of slavery. Let’s get it right this time—vote Yes on Amendment A.

DENVER – The American Civil Liberties Union sent a demand letter today to Colorado State University urging the university to amend its campus police policies and training requirements following a racial profiling incident this spring.
On April 30, 2018, Kanewakeron Thomas Gray and Skanahwati Lloyd Gray, two Native American brothers touring Colorado State University, were racially profiled by another member of the admissions tour. Employees of the CSU police department detained, questioned and searched the Grays although they were never suspected of a specific crime. The brazen violation of the Grays’ Constitutional rights was rooted in the report of suspicion based only on their appearance.
“My boys were publicly humiliated and told that their looks alone make them suspicious characters. As a mother, I was horrified to hear they were pulled away from a CSU tour because of someone’s misplaced and racially motivated fears,” said Lorraine Kahneratokwas Gray, whose family is represented by the ACLU. “We are all disappointed, not only with CSU’s meager response, but also with their false promises to right this wrong. I hope they fix these policies, so other parents do not have to wonder if their children will be safe and welcomed on campus.”
The ACLU urges the CSU police department to implement additional trainings and adopt specific policies addressing dispatcher and officer responses to bias-based reports.
In response to the rampant cases of racial profiling on college campuses, including college staff calling police on a Smith College student for sitting on a sofa on campus, the ACLU is expanding upon its policy recommendations to CSU and plans to launch a full-scale ‘Living While Black on Campus” campaign. The campaign will be geared towards campuses that operate their own police and security forces, providing model policies for administrators and toolkits and resources for students who wish to advocate for change.
Read the ACLU letter: https://aclu-co.org/sites/default/files/wp-content/uploads/2018/09/9_20_18-CSU-letter-re-Gray-brothers.pdf

DENVER – The ACLU of Colorado is proud to announce that Chuck Plunkett, Dave Krieger, Alex Landau, Amy Robertson and Tim Fox will receive our 2018 Civil Rights Awards, which will be presented at the Bill of Rights Dinner on Thursday, September 27th at the Ritz-Carlton Hotel in Denver.

Amy Robertson and Tim Fox are co-executive directors of the Civil Rights Education and Enforcement Center (CREEC), a nationwide civil rights organization based in Denver. Over the last several years, they have settled class actions with the cities of Denver, Seattle, and Portland, as well as the Colorado and Montana Departments of Corrections, Red Rocks Amphitheater, and the Pepsi Center. The total dollar value of settlements CREEC has negotiated on behalf of their clients is more than $500 million. Last year, CREEC established a new project, investigating immigration detention facilities for violations of the Constitution and federal law.

Robertson and Fox will receive the Carle Whitehead Memorial award, recognizing lifetime commitment to protecting and extending civil rights and civil liberties.

“Amy Robertson and Tim Fox are vigilant, tireless fighters for justice,” said ACLU of Colorado Executive Director Nathan Woodliff-Stanley. “By establishing and growing CREEC into a powerful civil rights watchdog, they have fought for the rights of thousands of people who were victimized by unequal and discriminatory policies and practices. We are honored to recognize their immense impact.”

Chuck Plunkett and Dave Krieger will receive the Larry Tajiri media award in recognition of their principled defense of objective journalism and editorial independence. Plunkett was the editorial page editor at the Denver Post from July 2016 to May 2018. Krieger was the editorial page editor at the Boulder Daily Camera until April 2018, when he was fired for self-publishing a column criticizing Alden Global Capital, the corporate hedge fund that owns both the Denver Post and the Daily Camera, for making deep staffing and budget cuts to the respective newsrooms. After learning that Krieger was fired, Plunkett resigned his position at the Denver Post in protest.

“The work of ACLU of Colorado, and much broader, the functioning of our democracy, relies on a strong, independent press to expose corruption and hold those in power accountable for their actions,” said ACLU of Colorado Director of Communications and Advocacy John Krieger (no relation to Dave). “We are proud to honor Chuck Plunkett and Dave Krieger, who were willing to speak out and sacrifice their livelihoods to protect the independence and integrity of their profession.”

In recognition of his achievements as an activist, organizer, and educator, Alex Landau will receive the Ralph Carr Award. Landau was the victim of extreme police brutality at the hands of Denver police officers in 2009. Driven by that experience, Landau has worked to build a movement for racial justice in Denver and around Colorado. In his role as community outreach coordinator for the Colorado Criminal Justice Reform Coalition, he has taught Know Your Rights trainings, led community-based advocacy campaigns, and mobilized voters. He is currently working to expand access to the ballot for pretrial detainees in Denver area jails.

“Alex Landau is an activist, coalition-builder, teacher, role model, and change-maker,” said Woodliff-Stanley. “He took a horrific event that nearly ended his life and used it as fuel to build a movement for racial justice and equality. We are proud to honor his past, present, and future contributions to civil rights and civil liberties.”

The 2018 Bill of Rights Dinner will feature a keynote presentation from Lorella Praeli, ACLU’s Deputy National Political Director and Director of Immigration Policy and Campaigns. Praeli’s presentation will focus on the ACLU’s nationwide effort to combat the Trump Administration’s destructive immigration policies, reunite families that were cruelly separated by the administration’s “Zero Tolerance” policy, and encourage lawmakers to pass comprehensive immigration reform and legislation to protect DREAMers.

For more information about the event, purchasing tickets, or becoming a sponsor, please visit the event page or contact Rachel Pryor-Lease at 720-402-3105 or [email protected].