Garfield County Sheriff's Office

Garfield County Sheriff's Office 


I recently received some correspondence regarding the situation surrounding Shooter’s Grill in Rifle and the owner Lauren Boebert. As usual, most is supportive, but some of it dares to challenge my belief and support of the Constitution. Let me explain a few things.
First, after all of the ranting about fake and inaccurate news in this country, we should be cautious about what the media decides to tell us. We provide them written press releases and they still can’t get it right! The fact is the Garfield County Sheriff’s Office did NOT serve Ms. Boebert a Public Health notice to “cease and desist”. It was served by the local police department. Regardless, it was just a letter. There were no threats, no arrests. No earth-shattering violations of our Constitution. In fact, this is a process of civil law, not criminal law. Law enforcement merely delivered a letter. If the mailman delivered it, would we be questioning his support of the Constitution? Further, the template for this letter was drafted at the REQUEST of local law enforcement to ensure that these public health orders are addressed by the public health department and not law enforcement. Instead, some want to kill the messenger.
Two days later, the GCSO was given a series of civil documents from the courts to serve to Ms. Boebert, via our Civil Division. These documents were demands outlined by the Board of County Commissioners who directed their County Attorney to seek them from the courts. The courts granted them and my Civil Deputies served them, just like they serve hundreds of other documents every month. We don’t decide to serve papers based on whether or not we like what they say. We are statutorily required under Colorado law to provide civil service. Again, we are the messenger and there’s nothing unconstitutional about delivering a letter.
As for my support of Ms. Boebert, I was the first Sheriff she asked for an endorsement of her campaign for Congress and without hesitation I gladly did, knowing I was bucking the mainstream party. As far as I know, I am the only Sheriff pictured in her campaign material. I admire her strength, her tenacity and her courage. She challenged Presidential candidate Beto O’Rourke and told him that he was not taking her guns! I didn’t do that and neither did any of you. I like her moxie and think we need more of that in Congress. I support her willingness to challenge the illegal and unconstitutional directives we are all facing during this Covid-19 issue. She and I have spoken about the possible consequences and she’s willing to fight for her rights.
But, despite all of that, some have accused me of ignoring my responsibility to the Constitution. So, let me make this clear: I am a firm believer in our system of three co-equal branches of government and due process. These edicts issued by governors and health departments, in my opinion, violate those basic principals of our rule of law and violate our Constitution. Many constitutional lawyers agree, as did the Wisconsin Supreme Court who recently ruled their Governor’s “Safer at home” orders UNLAWFUL!
I will not arrest anyone who violates these health orders, because the rule of law and due process are absent. Even regulatory actions including revoking a health certificate as was recently done to a Castle Rock restaurant should require due process before one can be “revoked indefinitely”.
I have 33 years of law enforcement experience with 18 of those as Sheriff. I think I’m fairly knowledgeable about the complexities of civil and criminal law, as well as the Constitution. Yet, some are quick to point their finger and lay blame based on inaccurate news stories and lack of knowledge of the situation. They certainly have the right to their opinion and I will always defend that. But, I also maintain the right to correct the record.
Finally, although we all have our varying interpretations of the Constitution, ONLY the Supreme Court, in the Judicial Branch of government, can definitively decide what is, and is not Constitutional. That doesn’t mean we should not continue to debate those interpretations. We just need to understand that law enforcement defends and supports the Constitution, but can not arrest someone for violating it.
Lou Vallario
Garfield County Sheriff
Lvallario@garcosheriff.com
970-945-0453