Lakewood Sacrifices Home Rule For No Reason
Lakewood seems to be giving up local control through home rule:
- With no need
- Without transparency
- Without resident support
The sacrifice is being made in order to gain state funding for local initiatives that ALSO have not been transparent and do not have resident support.
Lakewood City Council is throwing away the bedrock of local representation – home rule – in a bid to win political support for zoning changes. New Colorado statutes preempt local zoning code, a move other cities are fighting. But Lakewood is using Colorado’s preemption to show:
- That other people think the zoning changes are good and necessary
- That denying the changes would be illegal
- Fighting against the city proposal is useless
The majority of Lakewood City Council agree with the proposed zoning changes and have already voted by resolution to accept the proposal (only Councilor Olver dissenting – Ken Cruz and Bill Furman not yet on Council).
No Reason
With the majority of Council in favor of the proposed code, Council should not have to worry that the changes will pass. There is no need to sacrifice home rule in order to pass the new code. Lakewood could fight for the principle of home rule – a principle Lakewood was FOUNDED ON over 50 years ago – and still enact the zoning code changes that Council feels are necessary.
Instead, Lakewood will change its code so that for the first time state statutes will override local zoning (see highlighted insert from the version 3 redline proposal below).
No Transparency
According to resident Karen Gordey in Lakewood Informer news, the authority for the zoning came from home rule itself. She wrote: “… the Authority section (17.1.5). It originally cited “the city home rule charter” — a key phrase affirming Lakewood’s autonomy. That language? Now redlined. Gone. Instead, we’re left wondering whether the City is scrubbing references to home rule on purpose… or just by accident (which, frankly, would be just as troubling).”
There has been no public policy discussion nor vote on whether to yield home rule. Instead, it’s just being quietly edited out. This language may be extended next year because City Council has engaged a City Charter Committee to discuss changes.
Note: cities zone to keep order and make sure there is a good balance between residents (cost burden) and businesses (fund providers). But in order to do that, property rights had to be violated to tell people what they could and couldn’t do with their property. Now Lakewood is saying they are “de-regulating” to give property owners more choices, but they are still picking the choices. An owner cannot go back to agriculture property, for example.
State Preemption
Governor Jared Polis signed an Executive Order forcing states to comply with housing laws in order to receive state funding. From ColoradoPolitics.com, the laws include those listed below:
Colorado also passed TEN new laws in 2025 that the Colorado Municipal League determined preempted local control. Instead of fighting against any of these, Lakewood supported key legislation, such as HB25-1093, which reversed a vote of Lakewood residents.
Lakewood Council Will Not Fight for Rights
Lakewood did not take the opportunity to join the lawsuit that six cities are bringing against Colorado for overstepping home rule boundaries. Thornton recently passed a resolution backing the lawsuit of those six cities.
So far, no member of Lakewood City Council has brought something similar forward as a Council initiative. Most Council Members have made comments that Lakewood must comply with the state law.
False Argument
The argument that Lakewood has no choice but to comply with state law is completely false, as proven by history, other active lawsuits, and a legal opinion provided by the Colorado Municipal League (CML).
The Colorado Sun reports that “the Colorado Municipal League this month advised cities in an email that it views the governor’s executive order as illegal. ‘It is CML’s position that this order exceeds the governor’s authority … and promotes arbitrary and capricious agency action.’”
State Perspective
Lakewood resident Lenore Herskovitz voiced concerns over home rule to a panel of Colorado Democrat leaders. She pointed out:
- That there is an affordability crisis, not a housing crisis and
- She would like to see more respect for home rule from the state.
Colorado Representative Rebekah Stewart responded by:
- Detailing her resume of experience on local issues.
- She then flatly disagreed with Ms. Herskovitz and stated that there simply weren’t enough buildings to house people.
- Then she diverted the separate issue of the condo defect bill
Watch the video below:
Local Support Lacking
Ms. Lenore Herskovitz is one of many residents to bring up mountains of evidence about the abundant housing availability, such as her article titled “Affordable v Housing Crisis” or an article by savebelmarpark.com on Debunking the Supply and Demand Myth. These alternative points of view are not part of official presentations and are routinely dismissed.
There doesn’t seem to be an answer to the question of how can a statewide, or even nationwide, affordable housing problem only be solved by changing multiple, unique, local zoning codes.
What is known is that Lakewood already has the authority to change its zoning code if the residents support it. Lakewood officials seem to be using the state law as a crutch to win local support, but in the meantime, they are sacrificing home rule control without even bringing it to the attention of residents.
As previously reported, Lakewood seems more concerned with getting state funding than gaining resident support for zoning changes. The state deadline for funding is in October 2025. That funding is used for other initiatives that don’t get resident support.
Does Lakewood need a City Council if the only concern is what the state would do?