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Denver, Littleton file lawsuit against Bow Mar over plan to gate intersections on public roads

The cities of Denver and Littleton have filed an injunction against the Town of Bow Mar over its plan to install a gate at an intersection with public roads. The lawsuit is in response to Bow Mar's plan to gate intersections to keep drivers from using public roads. 

The town is moving forward with plans to construct a gate at one of its entrances.

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The Town of Bow Mar CBS

The town's population is about 950, but a traffic study found that about 1,200 vehicles travel through the community every day. The study says a majority of those drivers do not live in Bow Mar.

The town says the traffic puts children, retirees and seniors in the community at risk. It has introduced speed bumps, installed "kids at play" signs, and lowered the speed limit to 20 mph in order to calm traffic, but residents tell CBS Colorado that they still have safety concerns.

Bow Mar leaders proposed building controlled-access gates at two of the town's three main entrances and closing a smaller entrance near Tufts Avenue.

The lawsuit aims to prevent Bow Mar from installing gates and seeks compensation. 

"Bow Mar doesn't get to decide what is or isn't a public road, and they don't get to make life less safe for Denver and Littleton drivers," said Denver Mayor Mike Johnston in a statement. "As mayor, it's my responsibility to ensure residents receive the services they paid for, and we are ready to go to court – and if necessary, beyond – to ensure the roads stay open."    

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One of the entrances to Bow Mar. CBS

"Public roads should serve the public, not become a tool for excluding people from their own community," said Littleton Mayor Kyle Schlachter in a statement. "I will continue to demand equal access for both Littleton and Denver residents who all share this regional network. We should be working together to find solutions – not erecting barriers that divide us."    

According to the cities, they have tried to engage in good faith with Bow Mar over the past several months. Some of the solutions the cities have offered include helping with targeted police enforcement on dangerous drivers or find alternative solutions that reduce traffic through Bow Mar. 

Bow Mar posted this statement, in part, online: The Town's objective is not to exclude our neighbors or make travel unnecessarily difficult. It is to reduce unsafe traffic before a child, pedestrian, cyclist, driver, or resident is seriously injured. Every community has an obligation to respond when conditions on its streets create a legitimate safety concern. Bow Mar is no different.  Emergency services, deliveries, guests, and visitors will continue to have access, and other primary entry points to our community will remain open.

Denver Littleton Complaint for Declaratory and Injunctive Relief
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