HomeMy WebLinkAbout1983-01 Federal Antitrust Lawsuitss r.. ~~ ~ ~~ -~u,~; -; ~:
RESOLUTXON #1 .~
Series of 1983)
WHEREAS, the exposure of mu~licipalities iYi Colorado and
throughout the country to federal. antit~~~..~st lawsuits has been
greatly expanded as a result of recent decisions of the United
States Supreme Court;
WH.~REAS, the potential for trebl<~ damabe awards and the
substantial expense of defending antitrust litigation, even if
successful, may inhibit municil,ali~i•~s from enacting or enforcing
regulations which are intended to protect ::he public health, safety
and welfare, but which also may be deemed to restrict competition;
WHEREAS, at least four Colorado municipalities already have
been sued under the federal antitrust laws for various regulatory
activities, with claimed damages, when trebled, exceeding $100 million;
WHEREAS, the cost to the taxpayers of one Colorado municipality
in defending one of these lawsuits, which was settled priox to trial,
exceeded $250,000;
WHEREAS, municipalities differ from private enterprise in that
private enterprise is not charged with protecting the public health,
safety and welfare;
TTiEREAS, numerous protections from municipal regulations, other
than treble damages under the federal antitrust laws, are available
such as, public notice, public hearing, public meeting and public
record requirements, court review of actions, periodic elections and
the rights of initiated referendum and recall, and the continuing
authority of the state General Assembly or the people of Colorado to
modify the statutory and constitutional authority of Colorado's
municipalities;
WHEREAS, state legislation does not provide any certain solution
to the problem and years of litigation will be necessary to decide
whether any state legislation meets the test established by the U.S.
Supreme Court for local government antitrust immunity;
WHEREAS, federal legislation can address the problem directly by
seeking a specific exemption fromthe federal antitrust laws for local
governments and all or some of their activities;
WHEREAS, federal Legislation could eliminate damages from the
antitrust remedies available against local governments and their
taxpayers; and
WHEREAS, local governments should not be imperiled when engaging
in traditional local government regulatory activities such zoning,
enacting and enforcing building and fire codes, regulating the use of
public rights-of-way, licensing, franchising and the myriad of other
regulatory activities traditionally engaged in by local governments;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF VATL, VAIL, COLORADO,
that the Congress of the United States should act as quickly as
possible t.o provide appropriate exemptions for municipalities from
federal antitrust liability.
DATED this 4th day of January, 1.983.
Rodney E. ~Iifer, ayor
ATTEST:
Col e 1' e,`Town Clerk