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Activist sportswear brand sues Colorado, accuses state of censoring its message
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EXCLUSIVE: The women’s activist sportswear brand XX-XY Athletics is suing the state of Colorado over a recent state law that the company claims would interfere with its ability to market its message.
The lawsuit takes aim at the state for passing a law called HB25-1312 and amending the Colorado Anti-Discrimination Act, which defines “gender expression” to include “chosen name” and “how an individual chooses to be addressed.” The laws state Coloradans have a right to access “public accommodations and advertising” that are free of discrimination on that basis.
The company’s lawsuit claims that the state’s new legislation would make it illegal for the brand to carry out certain viral marketing campaign techniques it has used since launching last year.
“XX-XY Athletics, in their advertising, customer interactions, and elsewhere, to refer to transgender-identifying individuals with their given names or with biologically accurate language. XX-XY Athletics can no longer speak the truth in pursuit of its mission. XX-XY Athletics can no longer call men, men,” the lawsuit states.
“Even worse, the Act coerces the company to speak against its principles and alter the meaning of its core message. If XX-XY Athletics refuses, the company faces cease-and-desist orders, expensive investigations, hearings, and civil and criminal penalties.”
Colorado Attorney General Philip J. Weiser’s office has declined to comment on the lawsuit to Fox News Digital.
XX-XY Athletics founder Jennifer Sey provided a statement to Fox News Digital insisting that the law would hinder her company’s marketing strategies and the overall movement to oppose trans athletes in girls and women’s sports.
“What is happening in Colorado is a threat to anyone who speaks the truth about biological reality and who stands up for the rights of women and girls. XX-XY Athletics communicates often and broadly on the reality that men and women are different and our mission as a brand is to empower female athletes to also speak up and protect women’s sports,” Sey wrote.
“Laws like this in Colorado force Coloradans to adhere to an ideology that is in violation of actual truth. They want to silence anyone who disagrees. We are filing this lawsuit to fight for our — and every Coloradan’s – right to free speech.”
COLORADO SCHOOL DISTRICT SUING STATE OVER POLICY THAT ALLOWS TRANS ATHLETES IN GIRLS SPORTS
People wave a Transgender Pride flag as they attend the 2023 LA Pride Parade on June 11, 2023 in Hollywood, California. (ROBYN BECK/AFP via Getty Images)
Sey’s brand has regularly used its social media platforms to bring attention to instances of biological males competing in girls and women’s sports around the country, while promoting XX-XY Athletics merchandise. The company also produces original commercials that feature its brand ambassadors, and some of those include references to trans athletes being “men” or “boys.”
Colorado is already facing a lawsuit from one of its own school districts over the state’s laws requiring schools to allow biologically male transgender athletes to compete in girls sports.
School District 49 (D49) in El Paso County, Colorado, filed its lawsuit against the state after passing a localized rule that banned trans athletes from girls sports at its schools earlier in May. That lawsuit cites “increasing tension between Title IX obligations and the state system that requires discrimination against female student-athletes,” according to documents obtained by Fox News Digital.
“Knowing that the approved policy would generate opposition and potentially trigger legal challenges, D49 filed a pre-enforcement action in the Colorado District of the federal court system seeking declaratory and injunctive relief,” the school district said.
The lawsuit does not come in response to a specific incident of a trans athlete competing in the district. Instead, it’s a response to the state’s sweeping policies conflicting with the school’s obligation to abide by federal law, specifically Title IX.
“Political culture is far out of balance on gender issues. Our lawsuit seeks a rational correction to excessive accommodations,” D49 Superinterdent Peter Hilts told Fox News Digital. “Our state athletic association simultaneously advocates equity and discrimination. We asked them to resolve that discrepancy, and they declined, so we were compelled to pursue a legal ruling.”
Jennifer Sey founed XX-XY Athletics in March 2024. The message of the name of the brand “is that there is empirical truth. Biology is true,” she said. (XX-XY Athletics)
Students in the state can compete in either gender category if they inform their school in writing that their gender identity differs from their sex assigned at birth. CHSAA requires schools to do a confidential evaluation, and all forms of documentation are voluntary. There are also no medical or legal requirements stated.
Weiser’s office responded to that lawsuit in a statement provided to Fox News Digital.
“The attorney general is committed to defending Colorado’s anti-discrimination laws. The attorney general’s office has no further comment on this ongoing litigation,” the statement said.
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Ovation Development Corp. and its affiliate, Heirloom by Ovation, a Las Vegas-based developer of multifamily housing and one of Nevada’s largest private developers of affordable senior housing, hosted a ribbon-cutting and welcome-home ceremony for residents of its newest senior affordable housing community, Heirloom at Rome, at 4850 W. Rome Blvd. in the northwest valley.
The demand for senior affordable housing is reflected in Heirloom at Rome already having more than 182 occupied units, just months after it opened.
The $78 million Heirloom at Rome community, which was funded in part by Clark County Community Housing Funds and Nevada Housing Division’s Home Means Nevada Initiative, brings 276 new affordable housing units to market, including 38 tiny homes. The community’s tiny homes offer 400 square feet of living space, while apartments that range from 664 square feet to 891 square feet offer from one to two bedrooms.
Heirloom at Rome sits on a nearly 9.5-acre site within three separate buildings totaling 243,100 square feet. Of its 276 units, 180 are available to seniors making less than 49 percent of Area Median Income, and 96 units are available to seniors making less than 59 percent of AMI.
The community sits on land once owned by the federal government and granted to the city of Las Vegas for purposes of affordable housing. Ovation was awarded the project through a competitive request for proposal process, furthering the city’s prioritization of affordable housing construction.
On-site amenities include a fitness room, movement studio, screening room, game lounge, great room, business center, wellness room and a one-story clubhouse by the tiny home village. Outdoor amenities include a community garden, pet park, extensive xeriscape landscaping, picnic tables and carport parking for residents.
Heirloom at Rome was designed and built to achieve LEED Gold certification by the U.S. Green Building Council and has successfully received its certification. The community features high-efficiency heating and cooling equipment including Energy Star appliances, low-E vinyl thermal pane windows, and high R-value wall and attic insulation. Additional sustainable building practices include the use of low- or no-VOC paints, adhesives and formaldehyde-free particleboard. Water conservation measures will include low-flow fixtures and drought-tolerant landscaping.
As one of Nevada’s largest and leading apartment developers of both market-rate and affordable housing for low-income seniors and working families, Ovation ensures its affordable housing communities maintain the exceptional quality associated with its market-rate projects.
Through its partnership with nonprofit Coordinated Living of Southern Nevada, Ovation provides residents of its affordable housing properties with life-enhancing wraparound services and recreational amenities that create a rich social infrastructure and high quality of life. This includes transportation assistance to medical appointments and shopping, health and wellness programs, food assistance as well as social outings and events.
According to Alan Molasky, chairman and founder of Ovation, “collaboration is key to solving for challenging issues like affordable housing, and we couldn’t do it without critical support from government and agency partners who share our passion,” he said.
“We have long believed that everyone, regardless of income, deserves a quality home that helps to strengthen individuals, families and community. Providing a beautiful, dignified and comfortable place to live is key to ensuring seniors, particularly those on low or fixed incomes, can continue to thrive in a clean and beautiful environment during their golden years.”
To date, Ovation has completed 18 income- and rent-restricted communities totaling more than 2,795 units. The company will complete five more multifamily affordable communities with more than 1,300 units in Southern Nevada by 2028, providing much needed relief for low-income seniors, individuals and families.
Coming soon to the Heirloom by Ovation portfolio is Heirloom at Torrey Pines, at 6540 W. Arby Ave.
For leasing and qualifying information on Heirloom at Rome and other Heirloom by Ovation communities, visit HeirloomByOvation.com.
Ovation Development Corp. is a Las Vegas-based development company founded by Alan Molasky, a prolific developer of multifamily, resort-style housing in Southern Nevada for 40-plus years. The largest private multifamily developer in the Las Vegas Valley, Ovation has built nearly 10,000 units. In addition to luxury multifamily communities, Ovation is committed to the development of a portfolio of affordable housing for low-income seniors, known as Heirloom by Ovation, based on the belief that quality homes are foundational to strengthening individuals, families and community. Ovation and its affiliates employ more than 300 individuals representing all facets of design, construction and property management. For information, visit ovationco.com.
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