Habecker v. Town of Estes Park, Colorado

ORDER AND MEMORANDUM OF DECISION

NOTTINGHAM, District Judge.

Plaintiff David Habecker was an elected town trustee of the Town of Estes Park, Colorado, until he was recalled by the voters on March 22, 2005, in a recall election dominated by the issue of whether those voters wished to continue to be represented by a trustee who had refused to stand and recite the Pledge of Allegiance at trustee meetings, as Mr. Habecker had done. Believing primarily that this dé-nouement of events precipitated by his refusal violated his rights under the United States Constitution, he brought this federal civil…