Broomfield’s prosecutor filed complaints in Municipal Court concerning alleged violations by Extraction of Broomfield’s Emergency Noise Ordinance. On April 1, 2020, Judge Fisher issued an order in Broomfield’s noise prosecution against Extraction, denying Extraction’s motion to dismiss the citations. The court rejected Extraction’s claim that the emergency noise ordinance is unconstitutional. The court also found that the ordinance applies to Extraction and rejected Extraction’s argument that the ordinance is not generally applicable. The Court ordered that the case be set for arraignment.
In rejecting Extraction’s argument that the ordinance is unconstitutional, the Court stated: "The court finds that the classifications in the ordinance are rationally related to a legitimate public interest and the ordinance is valid. Whether or not the classifications themselves are somehow improperly restrictive is not properly before the court at this time."
The court rejected Extraction’s argument that the ordinance is not generally applicable and so did not apply to Extraction saying "the ordinance, as a whole, applies to everyone in the city, including commercial and industrial operations."
The dates and times for the further Municipal Court proceedings on this case are yet to be determined by the Court.