Denver, Colorado: Denver and Littleton Sue Bow Mar to Stop Gate on Public Roads

Denver and Littleton went to court on Monday, Nov. 9, to stop a neighboring town from putting a gate across a public road. The City and County of Denver and the City of Littleton announced a lawsuit against the Town of Bow Mar over its plan to install a gate along South Sheridan Boulevard, south of West Quincy Avenue, and to fully close Tufts Avenue to outside traffic.

Bow Mar is a small town between Denver and Littleton. Its trustees have approved a contract to build the gate at the Sheridan Boulevard entrance, and 9News reported that construction could start around Thanksgiving. Denver7 has covered the dispute for months, since Bow Mar first approved gate plans in June to cut down on cut-through traffic.

What the two cities argue

Denver and Littleton officials said the gate and the Tufts closure will make emergency response harder and will push their residents away from a traffic signal their own city pays for. The signal at Sheridan Boulevard and Quincy Avenue was paid for and is maintained by Denver, the cities argue, and drivers cut off from it would have to turn onto Quincy Avenue from side streets with stop signs instead.

Denver Mayor Mike Johnston said in a statement that Bow Mar does not get to decide what is or is not a public road, and does not get to make life less safe for Denver and Littleton drivers. He said Denver is ready to go to court, and if necessary beyond it, to keep the roads open. Littleton Mayor Kyle Schlachter said public roads should serve the public and should not become a tool for excluding people, and he called for the cities to work together instead of building barriers.

Denver Councilman Kevin Flynn, whose district borders Bow Mar, said both cities tried for months to engage Bow Mar and offered help with targeted police enforcement. He said his residents are angered at being blocked from safe access to the public right of way.

What Bow Mar has said

Bow Mar backed the gates on traffic and safety grounds. The original plan called for gates at several entrances. In September, Bow Mar Mayor Bryan Sperry said the town was considering a scaled-back version, with one gate on Sheridan Boulevard south of Tufts Avenue, farther from Denver's main roads. At a September trustees meeting, many homeowners spoke for the original multi-gate plan and for protecting their community, while other residents said the town was never planned or meant to be a gated community. Denver7 reported that it reached out to the Town of Bow Mar for a statement on the lawsuit and the town declined to comment.

What happens next

9News reported that the lawsuit asks the court to prevent Bow Mar from installing the gates and seeks compensation as the court deems fit. No ruling has been reported. For drivers who use Sheridan Boulevard between Denver and Littleton each day, the case now decides whether a route they use as a public road stays open to everyone, or closes to all but Bow Mar residents and their guests.