Denver elections worker settles First Amendment lawsuit over Jon Stewart remarks

A former Denver elections worker has settled a lawsuit alleging the city violated her First Amendment rights after she spoke about safety concerns on a panel with comedian Jon Stewart. Virginia Chau, a lawyer who worked part-time as a polling center supervisor, said she was removed from her supervisor post following remarks about threats to election workers and gaps in training during a 2022 appearance on The Problem with Jon Stewart. Her attorney said the parties reached a $65,000 settlement Friday. Chau earned about $10,000 a year in that role, and her lawyer said she took the job in part because, as an immigrant, she felt privileged to participate in democracy.

In 2022, Chau spoke during a panel on the short-lived streaming show The Problem with Jon Stewart about threats against election workers and the need for better training. The context of the remarks comes as election offices and workers have faced harassment and threats since the 2020 presidential election, a period during which the security of election staff drew increased national attention.

The settlement arrived after Chau filed a lawsuit in which she contended she had a right to discuss matters of public importance as a private citizen. Denver contended her remarks were made as a government employee about her job and thus did not violate her free-speech rights, and said she was not terminated or demoted, but reassigned. Under the agreement, the city paid $65,000, and representatives for the city attorney’s office and the clerk and recorder’s office said the settlement contained no admission of wrongdoing. The clerk & recorder’s office emphasized its commitment to the public’s trust, training, and the safety, security, and integrity of elections.

George Lane, Chau’s lawyer, said the case illustrates a longstanding principle: public employees retain certain free-speech rights when speaking on matters of public concern. He noted that the settlement avoids the costs and uncertainty of trial and reflected Denver’s recognition of the potential First Amendment issues at stake. “The Supreme Court has ruled that people who work for the government still have a right to express their personal views, and the city clearly understood they had violated the First Amendment and responsibly settled the case for less money than it would have cost them had they pushed it further and taken it to trial,” Lane said.

The case underscores ongoing debates about the balance between public employees’ rights to speak about safety concerns and the obligations of city offices to manage internal staffing in a climate of heightened threats toward election workers. Denver officials stressed that the settlement does not amount to an admission of wrongdoing and reiterated their commitment to safe training and procedures for those who administer elections.