Lawyer Says Loveland Council Illegally Texted Over Flavor Ban

Some Loveland City Council members deliberated on a proposed ban on flavored vaping and other tobacco product sales in private text messages, possibly violating Colorado state law, a Dec. 8 text message thread shows.

Steve Zansberg, a Denver attorney and president of the Colorado Freedom of Information Coalition, called the thread an “extremely clear-cut” violation of state rules.

The Loveland Reporter-Herald obtained the messages from Mayor Jacki Marsh after the paper received a confidential tip. All nine council members and City Manager Steve Adams were included in the thread, though not all council members participated.

Time stamps on the text thread show that 13 of the messages were exchanged by councilors during their regular meeting that evening, which was held virtually and dealt mostly with the proposed ban and the problem of youth vaping.

In the text conversation, council members Kathi Wright, Steve Olson, Don Overcash and John Fogle deliberated on how they would respond to calls for a ban on selling the products.

“Looks like another special meeting this month,” Wright said at 9:17 p.m., reviving a thread that Adams began earlier in the day to let councilors know about a scheduling change.

“yup. but don’t cave,” Overcash replied.

After Olson asked whether Wright was interested in “working with business to find a win win solution,” Wright said she “still believe(d) we have another step, talking with local business.”