“We dance round in a ring and suppose, but the secret sits in the middle and knows.” — Robert Frost, The Secret Sits
by Luke Schmaltz
It is practically unheard of that a retail business — one which relies heavily on public awareness of its whereabouts — would treat the opening of a new location like a covert, psi-ops, top-secret government installation. Yet, until recently, this seems to have been the case with the small-format Target store slated to open at Lowry Boulevard One in fall of 2020.
A Public Mystery
Bullseye: Residents who thought they were living in a district exceptional to generic corporate influence will have to get used to looking at this symbol every day.
The entire arc of this narrative is, in fact, shrouded in secrecy — as the issue first came to the attention of The publication from a Lowry Boulevard One resident. The Chronicle was contacted by this person who, first and foremost, insisted upon anonymity. Once agreed upon, they went on to explain a community-wide sentiment of disdain over recently-announced plans that a Target store was to be the anchor business for the retail shopping complex at First Avenue and Quebec Street.
According to this caller, the developer, in securing neighborhood support for the project, sent out numerous emails to homeowners and other residents. These emails asked recipients their opinions on the type of retail business that would fulfill their needs while resonating with the unique, upscale tone of the neighborhood. Preferences were unanimous for a specialty grocery store along the lines of Tony’s Market, Trader Joe’s or Whole Foods.
Come to find out, through Boulevard One Design Review Committee Meetings and statements on the Lowry Redevelopment Authority website, that the space is slated to host a small-scale Target store — not exactly the brand that comes to mind for rounding out a one-of-a-kind, distinctive, freshly-reimagined residential district. The space in question currently is a vacant, partially developed 30,000 square-foot storefront facility — no doubt a consistent subject of curiosity and concern for area residents.
Confidential Solidarity
Requests for commentary on this issue were either deflected to other entities or ignored entirely by the Lowry Redevelopment Authority, Denver District 5 City Council Office, Lowry United Neighborhoods (LUN), Lowry Community Master Association (LCMA), Boulevard One Master Association (BOMA) and to some degree — Target Corporate Headquarters.
Construction: The construction at Boulevard One is underway, yet far from complete.
Mary Carr, Executive Director of LCMA responded in an email explaining: “Boulevard One is actually its own Master Association and is not a part of the Lowry Community Master Association (LCMA) and for that reason the LCMA is not involved in any of their development decisions. I have cc’d Jean Lindholm with the Lowry Redevelopment Authority — she can get you over to the appropriate person with the Boulevard One Master Association.” No follow-up communication from Lindholm was ever received.
Meanwhile, multiple attempts to communicate with District 5 City Council Members, LUN and BOMA were ignored entirely and only after numerous emails and voicemails, Jill Lewis, a Target Corporate Headquarters Communication agent, finally offered a definitive statement via email on the matter: “At Target, we continuously explore possible locations for new stores, including in the Denver area. We are currently focused on new store growth with our small-format stores, which are smaller than our general merchandise Target stores and are located in dense urban and suburban neighborhoods as well as college campuses. I can tell you we are pursuing the opportunity to reach guests in the Lowry neighborhood, and at this time, we don’t have any additional information to share.”
Bankrupt Beginnings
Rewind to January 2020 when Lucky’s Market — the original planned occupant of the retail space — filed for Chapter 11 bankruptcy in a motion to close 32 of its 39 locations. This effectively took them out of the running for the property. According to the Lowry Redevelopment Authority (LRA) meeting notes for May 2020, “The LRA has repurchased the property as of May 14, 2020, and notice of repurchase has been given to CK under a Right of First Offer (ROFO) agreement. CK intends to give notice of their desire to purchase the property from the LRA within the next few days with the selection of a closing date.”
Signage: As of August 12, 2020, the Boulevard One construction site signage still identified Lucky’s Market as the anchor retail business of the development.
Throughout the remainder of the meetings notes, the future owner of the property is referred to simply as “CK.” Further investigation into Boulevard One community plan and lot plan schematics, “CK” is revealed as Confluent Development/Kelmore Development Co. The former’s website describes the configuration as: “Confluent Development and Kelmore Development serve as co-owners and co-developers for The Boulevard at Lowry, a 200,000-square-foot commercial mixed-use redevelopment project in the heart of Denver’s revitalized Lowry neighborhood. Situated on more than five acres, the 1.5-block infill development will consist of retail, restaurant, office and entertainment space, including a restaurant sitting on the community park across Lowry Blvd.” Not surprisingly, no qualified representative from “CK” was available to comment on the situation for this article.
Meet The New Neighbors
What Could Have Been: A conceptual artist’s rendering of what the Boulevard One retail complex was supposed to look like.
According to LRA meeting notes from July, 16, 2020, the plan to lease the property to Target was announced on July 7 via virtual open house meeting. The plan has since been added to the LRA website and the Boulevard One website with the following statement: “The store would offer a shopping experience tailored to the needs of local guests, including free and convenient same-day services such as Order Pick Up and Drive Up. Target stated they would look forward to building a local team of talented members who will help them serve the Denver community. The developer also shared that they continue to engage and are also in advanced negotiations with multiple specialty grocers to join the project, either on the current parcel or an adjacent parcel.”
The 30,000 square-foot building which will house the small-format Target is just one-fourth the size of a normal store, which makes one wonder which of the many attracting features may be left out due to size restrictions. Lifelong loyalists to the corporate brand may see the opening of another branch of their favorite retail destination. Yet, upon entering, they may be taken aback when they realize there may be no pregnancy-detecting buying algorithms analyzing their purchases for coupon targeting, no open breastfeeding areas in either the electronics or housewares departments and no refrigerated Doritos for their famous “Walking Tacos” recipe. The latter is a brand-specific marketing original — which instructs shoppers to crush up a bag of Doritos, add taco ingredients and enjoy the concoction with a spoon. If this practice were to become commonplace at Boulevard One, residents and stakeholders alike would have another situation to be secretive about.
Denver’s Odd Couple Alienates Glendale Residents, Businesses At Meeting Tay Anderson And Emily Sirota Called An ‘Embarrassment’
by Mark Smiley
After a week of consternation, the Glendale City Council elected at its meeting on July 21, 2020, to support Governor Jared Polis and his statewide mask mandate and to opt out of the controversial, and seemingly highly unpopular, mask mandate of the Tri-County Health Department (TCHD).
Bully: Known as the young political bully of Denver, Tay Anderson who sits on the Denver Public Schools board, snickered and mocked at citizens who did not support his position on Tri-County Health Department’s mask order.
It was expected to be a relatively mundane meeting of the Glendale City Council on Tuesday, July 14, 2020, called to discuss whether Glendale should adopt a mask ordinance closer to Denver’s or instead stay within TCHD’s mask order which applies to the counties of Adams, Arapahoe and Douglas.
TCHD’s board voted to implement the mandate on Wednesday, July 8, 2020, by a close 5 to 4 vote. The order also allowed each county and its individual municipalities the option to opt out by July 24, 2020. At the time of publication, Douglas County, Castle Rock, Bennett, Parker, and Brighton had already chosen to opt out. Douglas County indicated that it was giving notice that it was dropping out of TCHD altogether.
The July 14th Council Meeting
But what was supposed to be a relatively noncontroversial, technical meeting on what was the better choice for Glendale, turned into a wild donnybrook when two Denver elected officials, Tay Anderson (member of the Denver School Board) and Emily Sirota (a recently appointed State House Representative), decided to make the meeting a cause celeb. They notified local television stations that they, and their supporters, planned to go to the meeting and disrupt it. Two of the local television stations live streamed the entire two and one-half hour meeting.
Embarrassment: Emily Sirota joined Tay Anderson and a few others to encourage Glendale’s City Council not to adopt an ordinance similar to Denver’s order to opt out of TCHD’s mask order.
The City Council, at the end of meeting, continued it until the following Tuesday to give the city staff a chance to prepare a resolution in line with Denver’s for the City Council to consider.
The Odd Couple In Action
Standing at the back of the room leaning against the wall, Anderson and Sirota appeared to giggle, laugh and mock any Glendale residents who did not speak in favor of their position. Anderson shouted from the back of the room for the Council to shut down when an opponent went over three minutes, not withstanding the fact the Council did not limit anyone to three minutes.
Mayor Dunafon felt compelled to repeatedly admonish Anderson and Sirota to stop harassing and laughing at people who came to the podium who did not agree with them. Anderson appeared to be the worse of the pair. The 21-year-old demands people address him as “Director” or “Director Anderson,” claiming the title as a result of being on the Board of Directors for the Denver Public Schools.
When he spoke, he threatened to recall members of the City Council unless they voted for the TCHD order, but did not explain why if the Denver order was appropriate for Denver, which surrounds Glendale and is the city he lives in, why it wasn’t appropriate for Glendale. In a moment of apparent hubris, he declared that: “I am not the mayor of Denver — Yet!”
Known as the young bully of Denver politics he had also threatened recall for Greenwood Village Council members if they did not vote to rescind Resolution 40-20 on police immunity. He successfully threatened the Stapleton neighborhood to change its name, even though it had undergone a vigorous election just recently and had voted to keep the Stapleton name. Anderson had said he and his cohorts would march and take over the streets of Stapleton unless they acceded to his demands, which they did.
Threatens: Tay Anderson argues before the Glendale City Council at the July 14, 2020, special meeting. He closed his statements by threatening a recall against those that voted to opt out of TCHD’s mask order.
Emily Sirota, State Representative for House District 9, was very concerned at the prospect of Glendale not adopting TCHD’s order rather than one closer to Denver’s. She declared: “Both residents of Glendale and those who live in surrounding parts of Denver who often frequent businesses and restaurants in Glendale are very concerned and if you opt out of this order, they won’t feel comfortable shopping here.”
Other Public Testimony At Council Meeting
Veteran: Chris Shiroma, a veteran, pleaded with Glendale City Council to opt out of the TCHD mask order citing the difficulty people in his situation have in finding a job.
In an effort to convince the City Council to remain under TCHD’s mask mandate, Anderson and Sirota organized a group to email members of the City Council throughout the day and appear before the council during the public comments portion of the meeting. To their surprise, there were more people signed up to speak on behalf of opting out of mandatory mask requirements altogether at the meeting, although the City Council did not appear to consider that an acceptable option. In total, 23 people signed up to address the Council.
Restaurateur: David Peterson, owner of the Bull & Bush Brewery, spoke in favor of opting out of the TCHD mask order. He indicated it would be difficult to police as a business owner.
“Who is responsible for policing this?” asked David Peterson, owner of the Bull and Bush Brewery in Glendale. “We have enough going on as it is. I don’t need to be the police and enforcer of this mandate.” Peterson referenced the clause in the mandate that requires members to be in the same household to dine together. Peterson already requires masks to enter his restaurant.
Nurse: Lance Anthony, longtime Glendale resident, called the mask order “insane” and asked the City Council to opt out.
Lance Anthony, a longtime resident of Glendale, simply said, “Opt out, this is insane. If you can smell cigarette smoke through your mask, it is not working.” Anthony who has been a paramedic and a nurse pointed directly at Anderson and Sirota and demanded they stop interrupting the meeting and harassing everyday citizens.
“I think people can make their own decisions and a requirement to wear a mask should not be mandated,” said Ricky King, former Glendale City Councilmember and Glendale employee for 22 years.
Citizen Comment: Morgan Watters spoke at both the special meeting held on July 14 and the regularly scheduled July 21 meeting. She was supportive of Tri-County’s mask order but appeared to ultimately understand the action taken by Glendale City Council.
Public comments lasted just under one hour and after listening to all testimony, City Council decided to consult with their constituents individually and reconvene on Tuesday, July 21, 2020.
TCHD’s Dr. Douglas’ Antics Condemned
Dr. Douglas
Strangely, Sirota approached Deputy City Manager Chuck Line on a number of occasions referring to emails she was receiving from the head of TCHD, Dr. John M. Douglas, indicating that TCHD was going to change the order to address the household controversy. It is a mystery why Dr. Douglas would communicate with Sirota who does not live or work in Glendale, rather than with Glendale officials.
The general disgust with the antics and lack of professionalism of Douglas was exemplified by the comments of Glendale City Manager Linda Cassaday at the meeting. She pointed out she had been on a two hour Zoom conference call with Douglas who failed to ever note the same to her. It was apparent that Douglas was watching the
Glendale proceeding on the live stream and was making positions up as the meeting was going on. In fact, as of the July 21 meeting no changes had, in fact, been made. After the meeting there were calls for the immediate resignation of Dr. Douglas from TCHD.
Sidekick: Emily Sirota, District 9 House Representative, teamed with Tay Anderson on opposing citizens who did not agree with their position. She, along with Anderson, were called an “embarrassment” by some.
Sirota is the wife of David Sirota, author, journalist, former radio host, and former writer for Bernie Sanders. David Sirota has many friends and acquaintances in Glendale and so his wife’s conduct shocked many people. One attendee stated: “I really like David, but she is apparently just an ultimate ‘Karen.’ Why she wants to be the sidekick to an obese, balding, bully punk like Tay Anderson is beyond me. She is not the person I assumed her to be. Unlike David she sure isn’t making any friends among the residents of Glendale or anywhere else from what I can tell.”
Governor Polis Intervenes
But upending the applecart on Thursday, July 16, 2020, Governor Polis issued a statewide mask mandate as the number of COVID-19 cases were showing what he called a “significant uptick.” The order for wearing a face mask applies to everyone in the state who is age 10 and older whenever they are anywhere in public and indoors. People who have medical conditions or disabilities that prevent them from wearing face masks are exempt. On July 21, he issued another edict, last call for alcohol is 10 p.m., effective for 30 days. The question for Glendale then became supporting the Governor’s order or that of TCHD.
At the Glendale City Council meeting on July 14, 2020, Deputy City Manager Chuck Line explained that among the problems with the TCHD’s mandate is that it groups people into “households” instead of simply limiting a group’s size in restaurants, businesses and outdoor recreation. This means, under TCHD’s mandate, people must wear a mask and maintain six feet of social distancing while at restaurants, businesses and outdoors unless they reside in the same home. It was pointed out that the average age in Glendale is 27 and 58% of the residents live alone in apartments. That means that a majority of Glendale residents could never go to a Glendale restaurant with anyone, including their parents and children.
The TCHD mandate appeared to have been drawn for wealthy individuals in single family homes in towns like Cherry Hills Village and not urban areas like Glendale where there are only two single family homes.
Council Takes Action
At that meeting the City Council voted 7 to 0 to support the Governor’s mask order and opt out of the TCHD order. The vote was almost unanimously praised at the podium by speakers from residents and business owners alike.
The Equipment, Operators For Pre-Pandemic Passenger Load
by Glen Richardson
It has been a ridership roller coaster for RTD buses and trains since the pandemic hit in March, and the roads and tracks ahead look bleak. The ritual of standing shoulder-to-shoulder with strangers during rush hour is history, eradicated by the coronavirus.
Triple Threat: RTD needs to triple the number of trains and buses it has in order to serve the same number of passengers the agency had prior to the pandemic.
While the agency grapples with a path forward, it also faces plummeting ridership and tax revenue. Even if RTD’s financial projections — originally forecast as a $1.1 billion revenue loss through 2026 — drops to just 9% vs. the originally predicted 24% — the road ahead remains treacherous and volatile.
Social distancing rules will not only impede but essentially preclude a rebound. Why? To operate what was a pre-pandemic commuter load back in January, now requires three times the equipment and operators because of the cap on number of passengers. Bottom Line: The agency will likely not be able to restore service to its pre-pandemic levels — or anything close to it.
Huge Debt Burden
RTD was in a delicate financial spot even before the coronavirus. By adding five new train lines since 2012 — a fifth is expected to open in Sept. — the agency is drowning in debt. RTD is due to pay $252 million in debt and interest this year alone. That’s why the agency had made a $40 million cut in its 2020 budget. Even if RTD loses significantly less than the quarter-billion dollars originally projected for 2020, the budget is still a full blown problem.
RTD’s FasTrack program has never met the yearly forecasts following voter approval of the package in 2004. The recession that followed made the difference between forecasted and actual revenue even larger. Thus, RTD took out loans to build many of the train lines it promised voters in 2004.
That’s why now it’s saddled with massive debt payments. RTD now estimates that more than 90% of the $194 million in FasTracks sales tax revenue it expects to collect in 2021 will go to debt service.
Cost Cutting
Crowded Cars Eradicated: Standing shoulder-to-shoulder with strangers has been eradicated by the coronavirus. As a result RTD now needs three times the equipment and operators for a pre-pandemic passenger load.
“We have an incredible system right now but it came as an expense,” admits Heather McKillop, RTD’s financial officer. “It comes as a long-term expense that has to be paid off.”
In addition to the lower-than-expected sales tax revenue, staff must also deal with higher-than-expected operations and maintenance costs for its new train lines plus an aging system that needs repair.
The agency is now cutting cost by delaying projects and freezing administrative hiring. RTD is also reportedly considering furlough days for all workers. Collective bargaining agreements with drivers, however, don’t allow for furloughs and likely won’t apply to them. Given the recent hiring and retention problems with drivers, that is probably a good thing.
Altering Schedules
Among the possible solutions is altering schedules to avoid crowded trains while increasing frequency throughout the day rather than being concentrated at rush hour. That assumes, of course employers are willing to stagger work hours to ease crowding in public transportation. Even so, the agency must demonstrate that the system is clean, safe and that social distancing is mandated.
Aging Buses: As coronavirus costs soar, RTD must also maintain an aging bus line that needs repair. In addition, operation and maintenance costs for new train lines is higher than expected.
As with so many other businesses, the scary part for RTD is the potential duration of the crisis — it isn’t going away anytime soon.
RTD resumed fare collection and front-door boarding on all buses July 1 and passengers are required to wear face covering. Nevertheless they’re only buying time with the virus, they’re not removing it from the equation. The agency must also face the fact many previous riders may continue to work remotely — even if only some of the time — when the coronavirus ends.
Reimagining RTD
“The world has changed, we recognize that and we are reimagining RTD to support this new normal and these new challenges,” says Bill Van Meter, assistant general manager of planning.
Much of RTD’s budget gap for 2020 will be funded by a large grant from the Coronavirus Aid, Relief & Economic Security Act (CARES). RTD leadership admits, however, that they cannot count on a second round of funding.
The agency is continuing to reduce costs and streamline to close the large financial gap. Cuts made to the 2020 budget under the worst-case scenario may result in a surplus by the end of the year, which would be carried forward to the 2021 budget. That would help offset projected losses of sales and use tax revenue, decreased fare collection and the unlikely allocation of additional CARES Act funding.
Riding Healthy
Healthy Ride: Beyond social distancing, electrostatic cleaning of cars is an added burden for agency saddled with huge debt, higher-than-expected operations and maintenance costs for its new train lines plus an aging system that needs repair.
Denver and state health officials say social distancing — at least six feet from other passengers — must be maintained. RTD claims it is adding additional vehicles on busy routes to help maintain the required space between passengers.
RTD is also requiring face covering among both passengers and operators. Staying quiet, as conversation — especially yelling or singing — amplify the spread of the virus. “A quiet car is a safer car,” they say.
Finally, health officials urge passengers to use hand sanitizers or wipes after riding buses and trains.
Largest, Most Costly Riots In History Devastate Denver; City Has $226 Million Budget Gap, Up $46 Million In A Month
by Glen Richardson
Already reeling from three months of city-state coronavirus shutdown orders, more than a week of protests and riots against racism and police brutality have left Denver devastated. Clashing with police, rioters looted and caused nightly property damage to businesses just as they were beginning to reopen.
Riots Devastate Denver: More than a week of nightly protests and riots against racism and police brutality have devastated Denver. The riots are the largest and most costly in Denver’s history. Photo: Hart Van Denburg, CPR News
In size, scope and scale, the riots are the largest and most costly in Denver’s history. Protests were longer and more destructive than any previous race riot dating back to the1880 Chinese Halloween riot on Wazee St. Neither the Holy Week protest following MLK’s Assassination or the Chicano Crusade for Justice were of the same magnitude or duration.
The Mile High City’s worst previous riot happened when the Denver Broncos won their first Super Bowl in January 1998. Thousands of fans went on a rampage overturning cars, looting and vandalizing city buildings. Smaller scale disturbances have followed other Broncos championships plus when the Avalanche won their first Stanley Cup in 1996 and again in 2001.
Capitol Carnage
Near the Capitol on Colfax Ave., down the 16th St. Mall and along South Broadway, businesses were boarded-up nightly on block after block. Many had done so as a safety precaution, but others covered damage or the properties had been vandalized. Corporate and privately owned establishments large and small worried about insurance coverage as their bank accounts, hopes and dreams drained. Since businesses were just reopening following the pandemic, employers are considering whether to postpone or return workers to downtown job sites.
Battered by days of protests, nine state buildings, including the State Capitol and adjacent monuments, were damaged or defaced. It included every set of stairs to the Capitol building, every sign, plus lights that line the walkway. Many trees plus the building’s parking lots were also damaged. Some second floor windows were smashed by rocks, including windows at the offices of Gov. Jared Polis and his chief of staff. Windows on the truck of Senate President Leroy Garcia parked outside the Capitol building were also shattered. Restoring-replacing marble, granite, brass and glass doesn’t come cheap. The state is self-insured for up to about half a million dollars.
Rent Roulette: June was the second straight month Denver rents decreased. City may face a serious decline as huge complexes such as the Deco Apartments on Colorado Blvd. open.
Downtown rioters claiming to seek justice, ironically vandalized a monument honoring victims of injustice. Known as the Khachkar Memorial to the Armenian Genocide, it commemorates the victims of all crimes against humanity, including racism and slavery. Initial assessment of riots by the Downtown Denver Partnership suggest that slightly more than half of the damaged properties were along the 16th Street Mall.
Budget Gap Grapple
Overtime costs for large groups of police plus the Colorado National Guard on the ground during the riots will add millions of dollars to the city’s growing budget deficit. Denver is now facing a $226 million projected budget gap for 2020, up $46 million from what the city projected just a month ago (Chronicle June).
Marathon March: More than 3,000 Denver Public Schools students and alumni trooped down Colfax Ave. on May 7, the 11th consecutive day of protests in Denver.
As riots stoked Denver’s financial slide, the city is reaching out to its landlords seeking rent relief. It is a tenant in 15 leases, including the Denver Post Building. Denver recently agreed to a $10 million sublease for an additional 92,000-sq.-ft. on the Post’s ninth floor. That’s in addition to space leased on floors one, seven and eight, where the city will spend about $32 million over the course of those leases.
City departments working in the Post building include Parks & Recreation, Public Health & Environment, and the Office of Emergency Management. On May 4 the City Council unanimously approved a measure proposing to defer rent for three months in exchange for extending each lease term by three months.
Rent Heebie-Jeebies
With the city’s massive apartment buildup and more units expected to open in the coming months, officials are nervously watching how Denver’s rent trends will impact the city’s outlook. Denver rents declined 0.4% in June, and are down slightly compared to the same time last year.
Human Hurricanes: Downtown was boarded up as human hurricanes raged nightly for more than a week. Some covered damage or vandalism, others were a safety precaution.ٌ
Currently, median rents in Denver stand at $1,067 for a one-bedroom and $1,351 for a two-bedroom apartment. June was the second straight month that the city has seen rents decrease after an increase in March as the pandemic hit.
Denver’s year-over-year rent growth lags the state average of 0.3%, as well as the national average of 0.8%. The dips are occurring at a time when rent growth normally picks up steam seasonally. If the trend continues it could lead to tighter competition for rental units at the middle and lower ends of the market, while luxury vacancies get harder to fill.
Cost Cutting
To battle the double-barreled economic hit, city officials say they plan to mitigate through furloughs, spending cuts, hiring slowdowns and investment prioritization. Furloughs are mandatory days off without pay. City employees must now take eight furlough days — five scheduled and three flexible — in 2020, which Mayor Hancock believes will add about $16 million back to the city’s general fund.
Of the approximate 12,000 city employees, all nonuniform employees will be required to take the furloughs. Uniformed employees, who are under collective bargaining agreements, are not required to take them — nor are elected officials,
Mayor Hancock says, however, that Denver is expediting city construction projects which he claims will, “Keep the whole ecosystem of the economy moving.”
Remodel Rein-In
Nevertheless, the Mayor has put a crucial portion of Denver’s massive National Western Center campus remodel on hold. The city’s ramshackle National Western Complex — home of the National Western Stock Show & Rodeo — is supposed to be made over into a hub where food and agricultural science meet arts and entertainment.
Hold Your Horses: As city’s financial woes worsen a key portion of the National Western makeover has been put on hold. Known as the Triangle, a 10,000-seat arena would replace the Denver Coliseum to host the stock show and concerts.
A combination of voter-approved tourism taxes and private investors are meant to pay for the project wedged between I-70 and the Platte River in Elyria-Swansea.
On hold is a key portion of the campus, known as “the Triangle” (named for its shape), with a 10,000-seat arena to replace the Denver Coliseum and host the stock show, concerts, and other events. A new exposition hall and the restoration of a 110-year-old building, which may be converted into a market, are also paused. The Triangle portion of the $1 billion National Western project is estimated at $528 million.
In a stunning civil lawsuit filed in United States District Court in Denver the powerful and highly politically connected Andrew S. Armatas is accused of sexual assault by a former judicial assistant. Armatas was originally appointed to the bench in 1990 by Mayor Federico Peña and was made the chief presiding judge in 1995 by Mayor Wellington Webb. He retired as chief presiding judge in 2013 but thereafter filled in when other judges were absent.
Judge Touchy Feely: Andrew S. Armatas (photo from 2000) who was the chief presiding judge for Denver County Courts for over a decade and a half has been accused of sexual assault in a blockbuster lawsuit filed in Federal District Court, at left. Armatas is a current member of the five person Denver Ethics Board.
Armatas is an active member of the five member Denver’s Ethics Commission having been appointed in 2013 by Mayor Michael Hancock who has faced various allegations of sexual misconduct himself while in office.
The Lawsuit
The Complaint in the case captioned Rebecca Norris v. City and County of Denver Case No. 20 CV 1226 was filed on May 1, 2020, and lays out a litany of alleged misdeeds by the judge regarding various women at the courthouse one of whom indicated that Armatas was known as Judge “Touchy Feely.”
The lawsuit alleges job discrimination and retaliation under federal and state law with Ms. Norris being fired in January 2019. She was hired in 2007 as a judicial assistant in Denver County Court and received Employee of the Year Award twice. She asserts she was fired in retaliation for her accusations against Judge Armatas, accusations she says the City ignored for more than two years.
According to the lawsuit, Norris claims she first complained about Judge Armatas in the summer of 2016. The lawsuit says she was working in an empty courtroom when Judge Armatas walked in and sat “uncomfortably close” to her. It also says Judge Armatas said to her, “You look like you like to get dirty. You look like you could get wild.” The Complaint declares “Judge Armatas then immediately made unwelcomed physical advances toward (Norris), kissing her and touching her breasts prompting her to scream at him to get away from her and demanding that he leave, whereupon Judge Armatas quickly left the courtroom.” The lawsuit says Norris informed her immediate supervisor that same day what had happened.
The Termination Letter
While efforts to reach Judge Armatas by the Chronicle have not been successful, his side of the story is at least partially laid out in the City’s Termination Letter to Ms. Norris of which the Chronicle has obtained a copy. The termination letter states Norris’ supervisor denies being told anything. It says Norris told inconsistent stories about what happened with the Judge and changed the date of the alleged incident after she learned the Judge was out of state that day. The termination letter says, “The evidence is clear that you made false allegations of a very serious nature against a judge in order to avoid discipline. The accusation that you told your supervisor immediately after the assault occurred and she did nothing in response is untrue and disturbing. You have betrayed the trust of the County Court with your dishonesty and false reporting.”
The Termination Letter asserts that Norris only brought up the allegations after she was under investigation for inappropriate comments to a co-worker. The Complaint, however, asserts that Judge Barry Schwartz confirmed that Norris advised him of the alleged assault before the disciplinary investigation. In the Com-plaint there are various other individuals identified who Norris told about the alleged assault on or about time the alleged assault occurred.
Norris’ attorney Kenneth Padilla responded that “This is a classic example of victim blaming. My client reported the sexual assault to her supervisor by phone immediately and her supervisor told her to take the day off. Furthermore, it was not documented by the city whatsoever. So reconstructing it three years later is very difficult. . . . Telling them they don’t have the right date, or you don’t remember everything. This happens frequently in sexual assault cases, they try to victimize the victim.”
Denver Ethics Board
In a bit of irony Judge Armatas was appointed to the Denver Ethics Board in 2013 by Denver Mayor Michael Hancock with his most recent term ending in 2021. Hancock was accused of sexually harassing a female police officer assigned to his security detail and the City paid a significant settlement in the case, but Hancock managed to avoid any discipline. Cases of sexual harassment are handled by the Office of Human Resources who developed a new sexual harassment training program for other city officials but cleared Hancock of any wrongdoing. It has been asserted that in the City and County of Denver there is one set of rules for the powerful like Mayor Hancock and former Chief Presiding Judge Armatas and another for everyday employees.
Birds Of A Feather: Denver Mayor Michael Hancock who has been accused of sexually harassing a female member of his police detail as well as being a john for a prostitution house in Denver, appointed Judge Armatas to the Denver Ethics Board in 2013 and reappointed him in 2017.
Bankruptcy
The Norris Complaint is not the first brush with notoriety for Judge Armatas. In March 1995 just two months after being raised to Chief Presiding Judge for Denver’s County Courts by former Mayor Wellington Webb he filed for federal bankruptcy under Chapter 7. He listed a mere $16,094 in assets, with and extraordinary $2,659,035 in liabilities. Patty Calhoun in her article in Westword (April 5, 1995) stated that Armatas’ explanation of the 1980s downturn in the real estate market leaves “a real odor in the court.”
The article notes that “when Mayor Wellington Webb asked Armatas to become the presiding judge, Armatas had to know that his bankruptcy filing was imminent. Rather than show judgment, though, he accepted the appointment.” The article goes on to note of the sealing of the divorce records of Armatas and federal tax liens filed against him
Allegations By Other Women
The federal Complaint by Norris set forth a myriad of other allegations by women working in the Denver County system which will be extremely embarrassing for Judge Armatas if allowed in the court proceedings. In July of 2018 Norris retained the services of Employment Matters, an outside consulting firm to help investigate her allegations and that of others. The Complaint states (underlines added):
“Nicole Coburn . . . who was employed by the [the City] as a courtroom clerk stated that Judge Armatas asked her out for drinks several times . . . that he asked for her phone number and that she gave it to him, thinking it was just to talk about work, but ‘then it got weird’; that he texted her on different occasions; that he asked her to meet him for drinks on weekends and after work; that she thought his behavior was creepy because he kept coming to her work area asking to go out with him and because ‘he’s so old.’ Judge Armatas was in his seventies and Ms. [Coburn] is in her thirties.”
“Stacie Beckwith, the Finance Manager for the Denver County Court, informed the Clerk and chief administrative officer of the Denver Count [sic] Court, Terrie Langham, that Judge Armatas had asked her out for coffee; that when she met him Judge Armatas asked her whether she had informed her husband about their meeting, that when she told Armatas that she told her husband everything, Judge Armatas responded that he didn’t tell his wife, touching her hand as she was holding her coffee cup in a way that she felt to be flirtatious and highly inappropriate . . . .”
“Connie Strehler, another Denver County clerk, stated that she worked in the adjoining courtroom that shared space for the courtroom clerks where Judge Armatas worked and that therefore, she had frequent contact with Judge Armatas. Also she said that after Judge Armatas retired, he filled in for her judge; that Judge Armatas always liked to hug female employees of the Denver County Court; that she did not appreciate Judge Armatas hugging her; . . . that Judge Armatas was known as Judge “Touchy Feely”; that Judge Armatas liked to hug a lot and that he hugged ‘the ladies.’ Not just her; and that on one occasion Judge Armatas caressed her hand, rubbing his hand on top of her hand, in a way she did not appreciate.”
The City has yet to file an Answer but a Scheduling and Planning Conference by phone has been set for August 12, 2020. The case has been assigned to recently appointed Federal District Court Judge Daniel D. Domenico.
“Fear is the mind-killer. Fear is the little-death that brings total obliteration.” — Frank Herbert
by Luke Schmaltz
In the midst of every crisis, there are those who rise to the occasion to meet the inherent challenges head-on. Today, such steadfast determination can be seen in the actions of frontline healthcare workers persevering through unprecedented circumstances.
Meanwhile, amid untold stress and confusion, there are scavenger-minded shysters who slink to the sidelines to wait for a distressed populace to reveal a new set of weaknesses upon which to prey.
A Climate Of Chaos
Fake Coronavirus test kits are being marketed to desperate consumers.
Currently, many people are preoccupied with the latest socially engineered concerns sparked by the Covid-19 pandemic. These include the health risks of becoming sick, how to prevent infection, what to do if you get sick and of course — the crippling panic that comes with the so-called impending collapse of the financial system. What makes these issues so dangerous is the deluge of misinformation and disinformation constantly spewed forth from just about every active media outlet. The ideological divide has somehow made politically motivated pundits the mouthpiece of what is largely a healthcare issue. The result is mass confusion, and the overarching revelation that the people “in charge” are incapable of agreeing on a clearly-defined set of fact-driven protocols.
The Trap Is Set
The ever-present “snake oil” has found a new online, electronic marketplace.
These circumstances have inspired a windfall of new frauds, swindles and rackets that are currently descending upon the unwitting and the confused like a swarm of electronic locusts. This pestilence is largely presenting itself through electronic channels — permeating the average victim’s technological bubble in the form of fraud-based phone calls, text messages, emails, social media posts and websites claiming to offer immediate solutions to abnormally urgent problems. Anxiety is winning over rationale, prompting desperate people to engage with offers and propositions that may seem too good to be true — because they are.
Bogus Services
People on Medicare or Medicaid, those with diabetes and individuals over 60 are particularly vulnerable to being targeted by scammers offering fake Covid-19 tests. The Colorado Department of Regulatory Agencies reports that online advertisements and telephone solicitations are offering free testing — all the consumer has to do is provide personal information and health insurance details. Once divulged, the “vendor” disappears, and the scammers use the data provided to engineer identity theft and gain access to personal finances. Other predatory initiatives involve people contacting those in the above categories offering to help them with grocery shopping, retrieving prescriptions and other important errands with the stipulation that they provide their credit card information up front. The money disappears and the service is never rendered.
Bad Medicine
The IRS will only contact you by USPS mail.
Social media channels, email accounts and cell phone text messaging applications are being hijacked to deliver offers claiming to treat and cure the Coronavirus. Legitimate medical research professionals the world over have concluded that there is no definitive, 100% reliable cure and that no vaccine yet exists. Although there are treatments that have shown some promise and researchers are working to develop a way to inoculate against the virus — these efforts are still awaiting definitive results. In spite of the facts, scammers claiming to have the magic bullet that will execute fears of falling ill are bilking the easily-duped out of their money. These schemes feature snake oil in the form of tinctures, teas, essential oils, colloidal silver and other flim flam potions that will cure you of the disease and bolster your immune system.
Stimulus Check Liaisons
Many scams are targeting older folks and young people alike.
Young people and older folks alike — especially those who have been laid off from work or lost their jobs — are awaiting their share of the multi-trillion-dollar stimulus package which was recently passed by Congress. Scammers claiming to work for the IRS are contacting people via phone call, text message and email. They are offering to investigate the status of an individual’s stimulus check and to help usher the process along so the person can access the money sooner. Those who fall for the ruse are prompted to divulge their Social Security number and bank account information among other personal data which allows the scammers to steal their identities and what little money they may have in a savings account or other monetary fund.
It is very important to note that, according to www.irs.gov, “The IRS initiates most contacts through regular mail delivered by the United States Postal Service … the IRS will call or come to a home or business when a taxpayer has an overdue tax bill, to secure a delinquent tax return or a delinquent employment tax payment …” Since stimulus checks are not a tax issue, no contact by the IRS other than through the mail should ever be expected. Also, these phishing scams are prevalent across social media, and merely clicking on them from a hardwired desktop computer can allow unauthorized access to your network, your passwords and ultimately to your money.
The pandemic has hatched a new batch of scams and fraudulent schemes.
What You Can Do
You can guard your personal information with hypervigilance and if you choose to engage with a company for any services, use caution and do some research to make sure they are legitimate. Better yet, you can choose to trust only those you know such as coworkers, relatives and neighbors when it comes to asking for help with day-to-day tasks. Meanwhile, you can also stay updated on newly-emerging scams by visiting www.StopFraudColorado.gov and help others by reporting any scams you encounter to the above department’s hotline at 1-800-222-4444 and to the Denver District Attorney Consumer Fraud Hotline at 720-913-9179. In short, there are currently no at-home tests and when there is a definite cure and a proven vaccine, they will be unavoidable headline news items and not secret elixirs from the online flim flam man. Plus, anyone you don’t know who is offering to assist you, is most likely aiming to do so by only helping you part with your money.
