EL PASO COUNTY, Colo. — Michael Allen and the Fourth Judicial District Attorney's Office have released their decision on whether or not to prosecute El Paso County School Districts over allegations of promoting "obscene" books to children.
The petition brought forward in November by the group Take Back Our Schools D20, accused El Paso County Schools and staff of violating federal and state obscenity laws.
About 20 conservative groups in El Paso and Teller Counties signed that petition, stating that criminal charges be pursued, and books be banned in local school districts due to specific passages in those books. They claimed that these passages violated state and federal obscenity laws.
According to our News Partners at The Gazette, parents, group spokespersons, and others raised their concerns and addressed the El Paso County Board of Commissioners in a meeting on December 14th.
During that meeting, County Commission Chairwoman Cami Bremer addressed those present saying in part, "...it's important to note that this El Paso County Commission has no jurisdiction over policies and funding in our school districts."
No action on the issue was taken that evening. On Thursday, the Fourth Judicial District Attorney's Office reviewed the petition and said they would not be criminally prosecuting over insufficient evidence against anyone in El Paso County over the accusations brought forward.
The DA's office conducted a comprehensive legal review of the allegations related to state, not federal, obscenity laws, and found there is insufficient evidence of criminal activity by those districts. They added that there is not enough evidence to issue an injunction to temporarily suspend the availability of those books, pending further legal review.
In the reasoning, the office addressed each concern and statute brought to light by the letter. In the reasoning, Michael Allen wrote over the limitations of his office, writing:
Sometimes, not prosecuting someone is the right thing to do, particularly when there is insufficient evidence to support exercising our authority. The criminal justice system in the United States should not be weaponized against political or social opponents based simply on disagreements, and the misuse of the prosecution process only erodes trust in an essential function of our shared government.
Allen went on to encourage concerned families, parents, and school and board staff to work together as a community to express concerns and develop plans on the books moving forward.
You can read the office's full decision here.
____
Watch KOAA News5 on your time, anytime with our free streaming app available for your Roku, FireTV, AppleTV and Android TV. Just search KOAA News5, download and start watching.
