Boyles claimed city ballot issue on unlicensed drivers does not reference "illegal[s]," but it specifically does

Summary: Discussing a Denver ballot initiative that would require police to impound the cars of unlicensed drivers, Peter Boyles of 630 KHOW-AM falsely stated regarding the measure that "there's not one time in this thing that says 'illegal'." In fact, the terms "illegal alien" and "illegal aliens" appear five times in the text of the proposed ordinance, including in a provision targeting drivers holding foreign licenses.

On his July 31 630 KHOW-AM broadcast, Peter Boyles falsely described a Denver ballot initiative requiring police to impound the cars of unlicensed drivers, claiming that "there's not one time in this thing that says 'illegal' or 'Hispanic' or 'Mexican' or 'Salvadoran.' It calls 'em 'the driver.' " In fact, the terms "illegal alien" and "illegal aliens" appear five times in the text of the measure, in the preamble and in two substantive sections.

Boyles was discussing the proposed ordinance on "Unlicensed Driver Motor Vehicle Impoundment and Bonding," which will appear as Initiative 100 on Denver's August 12 primary ballot. Apparently reading from a sidebar to a July 29 Rocky Mountain News article, Boyles stated, "The initiative would require the police to impound the car of any driver found to be driving without a license." He did not mention that, as the News reported, the measure also would authorize impoundment "[w]hen a driver operating a vehicle registered in Colorado possesses a driver's license from another country and does not possess proof that they are in the country legally":

TEXT OF INITIATED ORDINANCE

Be it enacted by the council of the City and County of Denver

City and County of Denver proposed ordinance.

Article XV, Division 2, Sec. 54-811 (10) amended, Sec. 54-811 (20) new, Sec. 54-813 (c) new.

Unlicensed Driver Motor Vehicle Impoundment and Bonding

Whereas, unlicensed drivers including illegal aliens are not eligible for auto insurance and pose a significant danger to the people of the City and County of Denver when driving and must be prevented from doing so in every way possible.

(1) Definition. As used in this section "Illegal alien" means a person who has entered the United States illegally or is residing in the United States illegally after entering legally.

(a) Sec. 54-811 (10) is amended by an addition to subsection (10) to read: or when a driver of a vehicle is an illegal alien or may be reasonably suspected of being an illegal alien;

(1) A vehicle operator without a valid driver's license but with convincing corroborating identification, vehicle registration, and a valid driver's license of record may, at the discretion of the attending Police Officer, be issued a summons for driving without a license without impounding the vehicle. Such summons along with proof of a valid driver's license shall be submitted within three working days to a Denver County Court for validation or such vehicle shall be ordered impounded.

(b) Sec. 54-811 is amended by the addition of a new subsection (20) to read:

Sec. 54-811 (20) When a driver operating a vehicle registered in Colorado possesses a driver's license from another country and does not possess proof that they are in the country legally, the owner of record, if ascertained, or any lienholder, if ascertained, shall be issued by certified mail, a notice of pending impoundment requiring proof that such driver was not an illegal alien or such vehicle shall be ordered impounded thirty days from the day the violation notice was issued.

(c) Sec. 54-813 is amended by the addition of a new subsection (c) to read:

Sec. 54-813 (c) The release of a motor vehicle impounded as provided in 54-811(10) or 54-811(20) shall require that a two-thousand five-hundred dollar bond be posted within thirty days of impoundment in favor of the City and County of Denver or the motor vehicle is subject to disposal by the city by auction or otherwise. This requirement is not applied when the operator of such vehicle is found to have had a valid driver's license with such vehicle being released upon payment of towing and impoundment charges by owner. This bond shall be held for a period of one year and forfeited if such vehicle is operated by an unlicensed driver in Colorado within that time. For this section a one-hundred dollar impoundment land acquisition fee shall be paid to the city prior to the release of vehicle.

(d) Legislation may be enacted to facilitate the operation of this ordinance by the Mayor and City Council but in no way shall such legislation limit or restrict the provisions of this section or the powers herein granted. [emphasis added]

From the July 31 broadcast of 630 KHOW-AM's The Peter Boyles Show:

BOYLES: Colorado Council of Churches two days ago calling the Proposition 100, calling it "dehumanizing," a return to racial and ethnic hatred, profiling and stirring up hatred. All the right buzz words, right? All the right buzz words in the PC battle. And you know the drill. Now the Looper [Denver Mayor John Hickenlooper] shows up and said, this -- everybody's tried everything; this is the equivalent of "We gotta keep the gas safe." You know, you gotta use those pumps get that free gas, 'cause, you gotta have it safe. You gotta make sure no terrorist tampered with the gas, right?

So the ballot initiative that -- and I'll read it, I mean, this is what it is. They use words -- there's not -- there's not one time in this thing that says "illegal" or "Hispanic" or "Mexican" or "Salvadoran." It calls 'em "the driver." The initiative would require the police to impound the car of any driver found to be driving without a license.

—E.B. & J.F.B.