Judge: Charge against Black Lives Matter protestor for I-25 demonstration is ‘unconstitutional’

COLORADO SPRINGS, Colo. (KRDO) -- After protestors stormed Interstate 25 near downtown last summer to raise awareness for Black men who have been killed by police, a judge now said that a charge filed against one of those protestors is unconstitutional and should be dismissed.

Molly Avion said she parked her car on I-25 to protect her fellow protestors in June of 2020, as they called for justice in the death of George Floyd at the hands of Minneapolis Police.

"I've seen it happen in other states and, also actually earlier in Colorado Springs, of people attempting to run over protesters," Avion said.

She said the demonstration blocked I-25 at the Bijou Street exit for about an hour that day, while police directed traffic away from the protestors. We streamed that protest on social media, and a CSPD officer was reprimanded for writing "KILL 'EM ALL" in several comments on the live stream.

Avion said police officers didn't engage with her or her fellow protestors at all while they blocked the interstate. Weeks later, though, her phone rang.

"I was by myself at home, and I got a phone call from a detective," she said.

The detective told Avion she was being charged with Obstructing a Highway -- a misdemeanor. She said her friends received similar phone calls, but some of them had been charged with felonies.

"It's still confusing, because they still treat each case very differently, and based on individuals, but still with the subtle underground message of them disagreeing with protest as a whole," Avion said, adding that she believes police charged her because they disagreed with her message, not because she was breaking the law.

El Paso County Judge Stephen Sletta appeared to side with Avion as he filed an order requesting that her charge be dismissed, saying he believed she had been charged unconstitutionally. He said the statute she had been charged under was too vague, and left room for "arbitrary and discriminatory enforcement." The letter also cited another case when protesters who blocked traffic were found to be exercising their Constitutional rights.

Although, Avion isn't off the hook yet.

Howard Black, the Communications Director for the 4th Judicial District Attorney's Office, said the charge now goes to their office for review. They'll be required to appeal the charge in a higher court.

Avion said Judge Sletta's order is a step in the right direction, but she's hopeful that this will help other protestors get their charges dismissed.

Black said it's too early to tell if this judge's order will impact other cases.

"This ruling just occurred yesterday. So obviously, we'll be looking at all cases, but everything's just in review in our office at this point," Black said.

Avion said she's frustrated she was charged in the first place.

"There are actual people in the world who are committing crimes, like real crimes, and who have bad intentions," she said. "That should be what the prison system, or the judicial system, should be used [for]."

KRDO will follow this case as it's appealed in District Court.