Last November, Colorado voters overwhelmingly approved Amendment 41, the Common Cause- backed law that bans lobbyists from giving gifts to legislators, and places a $50 limit on gifts that can be received by public employees in connection with their public office.  Before the election and since its passage, the lobbyists and other powerful interests opposing the law have pulled out all their guns to fight it.  Not surprisingly, the lobbyists don't like to admit how much they used free gifts, trips and meal to build relationships at the Capitol.  Instead, they've focused on advancing wild interpretations of the law, such as the myth that Amendment 41 would stop children of state employees from accepting college scholarships.

The fight has moved from the ballot box to the legislature to the courts.  Opponents have challenged Amendment 41, arguing that it threatens their constitutional rights.  A district court enjoined the gift ban portion of the law last May (meaning it is not in effect until the court rules).  We don't agree with that ruling, and believe that the law will ultimately be upheld, as many other gift bans have been throughout the country.  The Constitution doesn't guarantee a right of lobbyists to buy free lunches.

Last Thursday, the Colorado Supreme Court heard oral arguments in the case.  A ruling will likely be rendered by the end of the year.  

The law was intended to stop people from violating the public trust for private gain. A child of a public employee that accepts a scholarship based on academic merit is hardly violating the public trust.  

I think news columnist Jim Spencer said it best:  

While it could be a while, cross your fingers and hope that the Colorado Supreme Court rules the right way, the way the voters want.  Amendment 41 passed with over 62% of the vote.  To me, that means one thing:  "We want ethics reform, and we want it now."