Colorado family files federal lawsuit over curfew violation, says "it's about the money"

A family in Elbert County has filed a federal lawsuit against the small Colorado town of Elizabeth over its curfew law.

"You hear people say all the time it's not about the money ... It's about the money to me," said Mike Saunders, who said he spent $30,000 fighting the town's curfew law, which was later found to be unconstitutional.

"I spent a lot of money fighting this so I want that back," said Saunders.

The lawsuit -- filed late last week in federal court in Denver -- stems from a traffic stop made by Elizabeth police in 2021. Four teenagers -- including Saunders son, Joe, who was 17 at the time -- had been bowling and were driving back to their homes in Elbert County when Elizabeth police pulled their car over on a July night for having a broken headlight. Police also said they noticed there were four juveniles in the car. It was after midnight, which is when the town's curfew ordinance kicked in on Saturday nights.

Police did not cite them for using drugs or alcohol or any other serious violations -- just for a curfew violation. Three of the teens received probation but Joe Saunders, who was the driver, fought his $30 curfew ticket. He was convicted in Elizabeth municipal court and appealed, saying the law was unconstitutional.

In November of 2024, a district court judge eventually sided with Saunders and wrote that he had "the constitutional right of freedom to travel."

"The ordinance infringes upon a minor's First Amendment liberty interests and his or her right to travel," wrote the Judge.

She said of the town curfew law: "The ordinance is not rationally related to preventing loitering ... it also prohibits juveniles who are using the streets to travel between places where they have a legitimate right to be."

Saunders and his lawyer said they told the town in 2021 that the curfew law violated the constitution and the civil rights of juveniles, but the prosecutor responded: "Just pay the fine and move on. This is no big deal."

Mike Saunders, who is a sergeant with the Elbert County Sheriff's Office, said the following: "If they did nothing wrong, then me as a father has to fight for them. I had to show my son you have to stick up for what you feel is right."

The Saunders' federal lawsuit seeks an unspecified amount of compensation for damages. In January 2025, the town of Elizabeth amended its curfew ordinance to bring it into compliance with constitutional provisions, specifying that the ordinance prohibited minors from loitering.

Todd Collins, an attorney representing the Saunders family, said the lawsuit "is about holding our governments accountable for their wrongful actions."

"If we don't challenge laws like this," said Collins, "we are saying it's okay for the government to step into our homes and invade our families by setting its own rules for our children regardless of parents' wishes. If we as citizens do not at times stand up to the government when wronged, then we cease to become a truly free society ... This case for me, was far from a dispute over a simple curfew violation."

Michelle Oeser, town clerk for Elizabeth, said the town would have no comment on the new lawsuit.