HomeMy WebLinkAbout20221140.tiffRESOLUTION
RE: EXPRESSION OF OPPOSITION TO PROHIBITIONS ESTABLISHED IN COLORADO'S
"REPRODUCTION HEALTH EQUITY ACT" AGAINST THE PROMULGATION AND
ENFORCEMENT OF LOCAL GOVERNMENT ZONING AND BUILDING CODE
REGULATIONS THAT PROTECT THE HEALTH, SAFETY, AND WELFARE OF WELD
COUNTY CITIZENS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, H.B. 22-1279, known as the "Reproductive Health Equity Act" ("the Act"), was
signed by Governor Jared Polis on April 4, 2022, and became effective immediately, and
WHEREAS, C.R.S. §25-6-404(1)(a) of the Act states the following:
25-6-404. Public entity - prohibited actions.
(1) A PUBLIC ENTITY SHALL NOT:
(a) DENY, RESTRICT, INTERFERE WITH, OR DISCRIMINATE
AGAINST AN INDIVIDUAL'S FUNDAMENTAL RIGHT TO USE OR
REFUSE CONTRACEPTION OR TO CONTINUE A PREGNANCY
AND GIVE BIRTH OR TO HAVE AN ABORTION IN THE
REGULATION OR PROVISION OF BENEFITS, FACILITIES,
SERVICES, OR INFORMATION; and
WHEREAS, C.R.S. §25-6-404(1)(a) prohibits local governments from promulgating and
enforcing zoning and building code regulations which may be perceived of having the effect of
denying, restricting, or interfering with the use of a facility to provide abortion services, and
WHEREAS, the promulgation and enforcement of zoning regulations is intended to ensure
compatibility and harmony among neighboring land uses, and
WHEREAS, the promulgation and enforcement of building code regulations is intended to
ensure the safety of persons occupying newly constructed structures, and
WHEREAS, the Board has previously expressed and continues to express its support for
the sanctity of life and opposition to abortion, specifically noting the rights set forth in Article II,
Section 3 of the Colorado Constitution:
§3. Inalienable rights
All persons have certain natural, essential, and inalienable rights,
among which may be reckoned the right of enjoying and defending
their lives and liberties; of acquiring, possessing and protecting
property; and of seeking and obtaining their safety and happiness.
(Emphasis added.)
cc: Bocc(XF)
5/4/22
2022-1140
BC0056
EXPRESSION OF OPPOSITION TO PROHIBITIONS ESTABLISHED IN COLORADO'S
"REPRODUCTION HEALTH EQUITY ACT" AGAINST THE PROMULGATION AND
ENFORCEMENT OF LOCAL GOVERNMENT ZONING AND BUILDING CODE REGULATIONS
THAT PROTECT THE HEALTH, SAFETY, AND WELFARE OF WELD COUNTY CITIZENS
PAGE 2
WHEREAS, regardless of the Board's position regarding abortion, it is the Board's belief
that C.R.S. §25-6-404(1)(a) unlawfully restricts local governments' exercise of their legitimate land
use authority and enforcement of their police powers to ensure the health, safety, and welfare of
their citizens, and
WHEREAS, therefore, the Board wishes to express its opposition to the prohibitions
established in Colorado's "Reproduction Health Equity Act" against the promulgation and
enforcement of local government zoning and building code regulations that protect the health,
safety, and welfare of Weld County citizens.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Board hereby expresses its opposition to the prohibitions established
in Colorado's "Reproduction Health Equity Act" against the promulgation and enforcement of local
government zoning and building code regulations that protect the health, safety, and welfare of
Weld County citizens.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of April, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: doitfa,) X/4404 ABSTAINED
Scott K. James, Chair
Weld County Clerk to the Board
County Attorney
Date of signature: o4/2q/22
2022-1140
BC0056
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