Legal Memo Released: Analysis of Potential Law Violations at April 23 Boulder Airport Study Session

On April 23, 2026 Boulder Council held a Study Session to discuss Boulder Airport. Despite the obvious discomfort and unanswered questions of many councilmembers, the study session ended with pressure to take a straw poll. In a 5 - 4 outcome, which several councilmembers interpreted as a binding vote, a bare majority directed staff to maintain airport operations "indefinitely" and move forward with pursuing FAA grant money to help fund the airport.  Taking these funds would obligate the city to run the airport not just "indefinitely", but IN PERPETUITY.

However, the city attorney later clarified that the straw poll was not a binding vote! Council can and must change course. 

This outrageously flawed study session process was analyzed by Ireland Stapleton, one of Denver's oldest and most established law firms. Ireland Stapleton concluded that "Certain actions taken by the Boulder City Council during its April 23, 2026 study session potentially present violations of the City’s own laws and the applicable Colorado Open Meetings Laws (“OML”) relating to the discussion of the Boulder Municipal Airport. To avoid running afoul of the OML and risk exposing the City to potential litigation, the Council should avoid taking any action on decisions related to the Boulder Municipal Airport until the issue has been fully discussed in a properly noticed meeting, which is sufficiently open to the public."

Read the legal memo here.

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