HomeMy WebLinkAboutResolution-1982-0819
RESOLUTION NO. 819
Series of 1982
TITLE: A RESOLUTION URGING THE COLORADO ELECTED REPRESENTATIVES
AND SENATORS TO SUPPORT LEGISLATION AMENDING THE SHEP~AN
AND CLAYTON ANTITRUST ACTS TO PROVIDE IMMUNITY FROM
ANTITRUST LIABILITY TO MUNICIPALITIES.
WHEREAS, the exposure of municipalities in Colorado and throughout
the country to federal antitrust lawsuits has been greatly expanded
as a result of recent decisions of the United States Supreme
Court;
WHEREAS, the potential for treble damage awards and the substan-
tial expense of defending antitrust litigation, even if successful,
may inhibit municipalities from enacting or enforcing regulations
which are intended to protect the public health, safety and
welfare, but which also may be deemed to restrict competition;
WHEREAS, at least four Colorado municipalities already have been
sued under the federal antitrust laws for various regulatory
activities, with claimed damages, when trebled, exceeding $100
million;
WHEREAS, the cost to the taxpayers of one Colorado municipality
in defending one of these lawsuits, which was settled prior to
trial, exceeded $250,000;
WHEREAS, municipalities differ from private enterprise in that
private enterprise is not charged with protecting the public
health, safety and welfare;
WHEREAS, numerous protections from municipal regulations, other
than treble damages under the federal antitrust laws, are
available such as, public notice, public hearing, public meeting
and public record requirements, court review of actions, periodic
elections and the rights of initiated referendum and recall, and
the continuing authority of the state General Assembly or the
people of Colorado to modify the statutory and constitutional
authority of Colorado's municipalities;
WHEREAS, state legislation does not provide any certain solution
to the problem and years of litigation will be necessary to
decide whether any state legislation meets the test established
by the U. S. Supreme Court for local government antitrust immunity;
PAGE TWO
WHEREAS, federal legislation can address the problem directly be
seeking a specific exemption from the federal antitrust laws for
local governments and all or some of their activities;
WHEREAS, federal legislation could eliminate damages from the
antitrust remedies available against local governments and their
taxpayers; and
WHEREAS, local governments should not be imperiled when engaging
in traditional local government regulatory activities such as zoning,
enacting and enforcing building and fire codes, regulating the use
of public rights-of-way, licensing, franchising and the myriad of
other regulatory activities traditionally engaged in by local
governments;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO, that the Congress of the United States
should act as quickly as possible to provide appropriate exemptions
for municipalities from federal antitrust liability.
DONE AND RESOLVED this 22nd day of
November
, A.D., 1982.
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Frank Stit~;; Mayor
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