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“Christian privilege” in Colorado mountain town’s amphitheater fuels church-and-state storm

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“Christian privilege” in Colorado mountain town’s amphitheater fuels church-and-state storm


DILLON – Town leaders’ refusal to reconsider a longstanding practice of letting a Christian church use the Dillon Amphitheater for Sunday prayers has hurled the town into a national storm over worship in public facilities.

They now face potential lawsuits from pressure groups. Freedom from Religion Foundation attorneys are demanding an end to any preferential treatment for the Dillon Community Church. The rival First Liberty Institute sent a countervailing letter urging continued use, warning that recent U.S. Supreme Court decisions favor greater mixing of church and state.

Town staffers hit with multiplying requests from a diversity of religious groups to rent the amphitheater had proposed to shut down access by all outside groups and allow only town-sponsored events such as rock concerts. But town council members on June 11 rejected that approach and voted 5-1 to allow continued use by the church. Two members derided Dillon’s Denver-based contract attorney Kathleen Kelly for creating roadblocks after she raised constitutional concerns. Kelly resigned the next day.

The drama lit up chat sites — Friendly Athiest commenters decried “Christian privilege” — and led to a special meeting Wednesday night where town leaders faced a cacophony from residents. Then leaders accepted advice from a new attorney and back-tracked, temporarily prohibiting the use of the amphitheater by all groups until leaders set a legally defensible policy.

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Dillon town manager Nathan Johnson, right, and town council member John Woods listen to a member of the public speak during the open comment period of a special meeting held to discuss the use of Dillon Amphitheater at Town Hall in Dillon, Colorado on Wednesday, June 19, 2024. (Photo by Zachary Spindler-Krage/The Denver Post)

“There needs to be a separation of church and state. We cannot favor one denomination over another,” town manager Nathan Johnson said in an interview. “Now with the popularity of the venue we have more and more people reaching out. Everybody wants to be down there,” he said.

“If we are going to open up the amphitheater, we have to open it up for everybody.”

For more than 40 years, Dillon leaders have let the Dillon Community Church, a non-denominational Christian organization that owns a building a few blocks away, run evangelical “outreach” events appealing to Colorado high country visitors.

The amphitheater was built in 1993 as a low-key community band shell. Town officials have transformed it into one of the nation’s trendiest concert venues by investing $10 million, including a $1 million grant from the Colorado Department of Local Affairs, for an overhaul completed in 2018. Seats on a grassy hillside look out on the blue waters of Lake Dillon, a Denver Water reservoir, and majestic snow-splotched mountain peaks. Town officials charge a $25,000 fee for promoters of town-sponsored concerts. The venue holds up to 3,656 people. Town-sponsored activities also include country line dancing and yoga.

People participate in a Yoga at the Amp session hosted by Summit Sol Wellness at Dillon Amphitheater in Dillon, Colorado on Wednesday, June 19, 2024. (Photo by Zachary Spindler-Krage/The Denver Post)
People participate in a Yoga at the Amp session hosted by Summit Sol Wellness at Dillon Amphitheater in Dillon, Colorado on Wednesday, June 19, 2024. (Photo by Zachary Spindler-Krage/The Denver Post)

But religious worship is now canceled.

Dillon Community Church officials had lauded town leaders’ initial stance. “We are grateful that the council voted down the new policy that would limit all non-profit organizations that are not city-sponsored,” their posting said.

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Senior pastor Jim Howard said Friday he’s confident town council members will sort out future access. “If they say we can’t use it while they figure out the legalities, we’ll stay in our building. We definitely don’t want a lawsuit,” Howard said.

The church paid a $1,100 annual rental fee, town officials said, and Howard said his 220-member church draws 300 to 800 people to the Sunday worship events.

Church members have mobilized. “Dillon Community Church should be grandfathered into whatever contract. They’ve been here for over 40 years,” church representative Wendy Myers told leaders at the packed special meeting. “It attracts an incredible number of our visitors who come to the county every single summer and love coming to church.”

She and others advocated opening the amphitheater to all religious groups. Former council member Tim Westerberg supports that but also spoke out against new council members’ political tactics. “They don’t seem to care about what the community thinks. They don’t seem to care about what their attorney says. They don’t seem to care about what the Constitution says. It’s just damn the torpedoes full speed away, bulldoze ahead our agenda.”

LEFT A packed room of people stand up to leave after the Dillon town council voted to move to a closed session during a special meeting held to discuss use of Dillon Amphitheater at Town Hall in Dillon, Colorado on Wednesday, June 19, 2024. RIGHT Mike Smith, a 53-year resident of Dillon and three-time member of the town board, stands in the middle of council chambers to address the crowd as they are leaving after the council voted to move to a closed session at Town Hall in Dillon, Colorado on Wednesday, June 19, 2024. (Photos by Zachary Spindler-Krage/The Denver Post)
LEFT– A packed room of people stand up to leave after the Dillon town council voted to move to a closed session during a special meeting held to discuss use of Dillon Amphitheater on Wednesday, June 19, 2024. RIGHT— Mike Smith, a 53-year resident of Dillon and three-time member of the town board, stands in the middle of council chambers to address the crowd as they are leaving after the council voted to move to a closed session. (Photos by Zachary Spindler-Krage/The Denver Post)

Problems around prayers in the amphitheater arose earlier this year when other religious groups, including a Jewish synagogue, Native American tribes, and people of various faiths planning weddings asked to rent the facility, Johnson said. “Everybody is attracted to the lake, the natural beauty of the lake,” he said.

“It’s a dilemma because an expectation has been set” in allowing the Dillon Community Church events.

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When other religious groups requested access, “we put them on hold,” he said. “That’s what started this conversation. We haven’t told anyone ‘no’ – at least that I’m aware of. We want to have clear and definitive direction from the town council on what is allowed and not allowed in this setting.”

If Dillon officials excluded any other religious group, members of that group could file a civil rights lawsuit, said Madeline Ziegler, staff attorney for the Wisconsin-based Freedom From Religion Foundation, which has filed a legal petition seeking town communications with the Dillon Community Church and other groups to explore a possible lawsuit.

Dillon’s practice has sent “a signal to the town residents that their government prefers Christianity and that Christians will be treated better than other people in this town. That’s not a message that the people’s representatives should be allowed to send,” Ziegler said.

Dillon could avoid a lawsuit by setting a formal policy that includes “a welcoming and inclusive message that all are welcome and equally allowed to use the town’s facilities,” she said.  Otherwise, town leaders would be acting to ensure “the continued dominance of one church that has the backing of the town over all other religious organizations.”

Attorneys with the Texas-based First Liberty Institute, a conservative Christian legal organization devoted to”restoring religious liberty,” have prevailed in cases at the U.S. Supreme Court, where justices have decided that “history and tradition” must be considered in determining whether government is too intertwined with religion.

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Senior attorney Lea Patterson, in her letter sent Tuesday, encouraged Dillon leaders “to continue to allow the church to rent the amphitheater” so as not to invite a lawsuit.

Finding space for religion in Colorado increasingly presents challenges. Soaring real estate prices mean church groups can be hard-pressed to afford buildings, said Jon Stavney, director of the Northwest Colorado Council of Governments, which supports local leaders. “Look at the cost of housing. If you are a church, it makes sense to use public space at a reduced cost,” Stavney said.

In the Eagle Valley west of Vail, the Redeemer church rents space for Sunday worship at the public Brush Creek Elementary School.

For elected leaders, deciding to end a longstanding public worship tradition such as the Dillon Community Church’s use of the town amphitheater can be politically perilous because leaders in small towns typically have to face down residents in grocery aisles, he said.

“If I were in their shoes, and this entity had been using a public space for a long time, I would have some loyalty to the history of that group using that facility.”

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Beams of sunlight shine onto the landscape behind Dillon Amphitheater on Wednesday, June 19, 2024, in Dillon, Colorado. (Photo by Zachary Spindler-Krage/The Denver Post)
Beams of sunlight shine onto the landscape behind Dillon Amphitheater on Wednesday, June 19, 2024, in Dillon, Colorado. (Photo by Zachary Spindler-Krage/The Denver Post)

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Denver, CO

‘The math just doesn’t work’: Little India to close in West Highland

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‘The math just doesn’t work’: Little India to close in West Highland


Little India will close its West Highland location in the coming months, owner Simeran Baidwan told BusinessDen.

It marks the end of a five-year run at the corner of 32nd Avenue and Lowell Street for the local Indian chain.

“We opened to preserve jobs because we didn’t have enough revenue,” he said of the pandemic days when restaurants were struggling.

The 3496 W. 32nd Ave. store helped keep dozens of chefs and servers in Baidwan’s “Little India family,” he said. Those workers will now have the opportunity to work at his other restaurants.

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“Five years later, the question isn’t whether people love the food,” he continued. “It’s whether independent restaurants can survive the compounding pressures and expenses, especially in Denver.”

Baidwan, who opened the first and still-running Little India at Sixth and Grant alongside his parents in 1998, singled out rising minimum wage, insurance, delivery fees and credit card processing fees as factors contributing to the closure.

“I think what it is, is a Denver restaurant industry story, it’s not just our one restaurant story,” he said. “I think what’s happened, in this day and time, is that life has become really expensive. There’s no margins. The math just doesn’t work.”

Being in the Highlands was also a factor, Baidwan said. The desirable location comes with high rent as well as skyrocketing property taxes he’s been responsible for. Add in dwindling consumer spending and Baidwan said his hand was forced.

“Busy doesn’t always mean profitable,” he said. “A lot of people look through the window and assume the restaurant is good, and we have the several locations too. But it just isn’t like that anymore.”

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Baidwan said there’s no plan to close his three other locations, in Cap Hill, Central Park and off Downing Street near the University of Denver. But that doesn’t mean he hasn’t been making tweaks.

At the original store off Sixth, he started operating 24/7 about eight months ago, something he’s thinking about for his other neighborhood restaurants. He’s also added entertainment, like jazz music and dancing, to help get more customers through the door.

Baidwan himself has also returned to the floor as a server — the first job he had at his parent’s store. But having the owner-operator model is difficult for his sprawling Little India empire since he can only be in so many places at once.



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How Denver’s Ballpark District now has ties to Chicago’s Wrigleyville

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How Denver’s Ballpark District now has ties to Chicago’s Wrigleyville


DENVER — A new Rockies season is on deck, with the team’s first game of the 2026 campaign set for Friday night in Miami. The home opener is next Friday at Coors Field.

It’s also a new season for the Ballpark neighborhood’s General Improvement District (GID) and its street ambassadors.

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Those ambassadors, dressed in maroon shirts and jackets, patrol the streets around Coors Field and the Ballpark neighborhood. They are tasked with helping with cleaning, maintenance, security, outreach to those experiencing homelessness, and general hospitality for neighbors and visitors.

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How Denver’s Ballpark District now has ties to Chicago’s Wrigleyville

This week, Denver7 spoke with Kate McKenna, who stepped in as the GID’s executive director last summer. McKenna said while she works in the office, the district has six full-time ambassador employees through programming partner block by block. She said the team patrols the area year-round, but adds staffing for big events like St. Patrick’s Day and Rockies home games.

McKenna comes to Denver from a similar role in Wrigleyville, the iconic neighborhood outside Wrigley Field in Chicago. She said that serves as a source of inspiration for the future, but adds that Denver’s ballpark neighborhood has its own unique advantages.

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“All of our businesses are independently-owned and operated,” McKenna told Denver7. “There is no chain, there is no commercial sort of large entity here in Ballpark that you’re going to see… To have a true small, hyper-local-owned economy is what really sets this district apart, both in Denver and then nationwide.”

Even after the Rockies set a franchise record with 119 losses in 2025, McKenna said the on-field product does not make the District’s job harder.

“I like to think win or lose, they’re the best neighbor you could possibly have, regardless of their season,” McKenna said. “They continually have one of the highest attendance rates for home games, as well as walk-up ticket sales.

McKenna said there continues to be good conversations between the district and local businesses. Property owners pay a fee based on property value that goes into the GID’s annual budget.

“Folks are coming out. Folks are patronizing local businesses. They’re bringing their families down here, and they’re enjoying their time, which is all you can really ask for in terms of community… Bringing people together is at the core of what we’re doing here.”

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Denver7’s Ryan Fish covers stories that have an impact in all of Colorado’s communities, but specializes in covering artificial intelligence, technology, aviation and space. If you’d like to get in touch with Ryan, fill out the form below to send him an email.





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Denver, CO

State says video shows Denver assisted living center took 13 minutes to find, begin CPR on resident; “He didn’t have a chance”

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State says video shows Denver assisted living center took 13 minutes to find, begin CPR on resident; “He didn’t have a chance”


A state investigation has found that a Denver assisted living facility took 13 minutes to locate a resident who collapsed and begin CPR — failures regulators say placed all residents in “immediate jeopardy.”

The Colorado Department of Public Health and Environment concluded that The Argyle assisted living facility violated multiple rules in connection with the January death of 73-year-old Robert Dutkevitch. The violations were classified at the CDPHE’s most serious level, indicating 125 Argyle residents were at immediate risk of harm, according to the agency.

Robert Dutkevitch

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The findings stem in part from the facility’s own surveillance video system, which captured the events leading up to Dutkevitch’s death. CBS Colorado obtained copies of the same videos reviewed by state investigators.

According to police reports, video footage, interviews and the state investigation, Dutkevitch — who used a wheelchair — went outside to a designated smoking patio at about 8:30 p.m. on Jan. 6. Roughly 2 minutes later, the video shows him slumping forward and falling from his wheelchair onto the ground. He remained there for about 8 minutes before another resident noticed him and alerted staff. Surveillance footage shows several staff members arriving at the patio and determining Dutkevitch had no pulse. However, investigators say staff did not begin CPR immediately, waiting approximately five additional minutes before attempting lifesaving measures.

In total, 13 minutes passed from the time Dutkevitch collapsed to the start of CPR.

State investigators cited the delay as a critical deficiency, noting that trained staff are required to provide CPR promptly. According to Denver police call logs obtained by CBS Colorado, one staff member told a 911 operator she did not want to perform chest compressions because she had the flu.

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After CPR was finally initiated, Denver Fire personnel arrived and continued lifesaving efforts for approximately 30 minutes before Dutkevitch was pronounced dead.

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CDPHE


The death was later classified as natural, with acute coronary syndrome and atherosclerosis listed as the immediate causes, according to the death certificate.

Colorado investigators finds monitoring problems 

The state investigation also found problems with how the facility monitored its outdoor smoking area.

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A surveillance camera was positioned on the patio, but The Argyle said the video feed was not continuously monitored. State regulations require that designated smoking areas “shall be monitored whenever residents are present.”

According to the report, the facility administrator acknowledged there was “no official process” in place to monitor the area. The administrator told investigators he was unaware of the regulation and said the facility did not have enough staff to continuously monitor the patio.

The department concluded the facility failed to meet CPR requirements because it “failed to require all staff certified in CPR to provide CPR services promptly.”

Investigators found gaps in training and preparedness. One staff member was described in the CDPHE report as “unaware of how to respond,” while others said they had not been trained on what to do if a resident becomes unresponsive.

“I did not respond very well, I’m sorry,” one staff member told investigators.

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CPR delay leaves widow devastated

Dutkevitch’s widow, Sharon Dutkevitch, said the delay in care has left her devastated.

“My heart aches. I cry every night,” she said. “Every second that went by, he didn’t have a chance that way. I wish I had been there to help him.”

After watching the surveillance video, she questioned why staff did not act immediately.

“I don’t understand why caregivers stand around and do not give him CPR,” she said. “Those people are standing around him doing nothing to help him. That’s what really hurts.”

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Sharon Dutkevitch

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 She believes her husband might have survived if CPR had been started sooner.

“You’re losing brain cells every second that goes by without CPR,” she said.

Dutkevitch had been a resident at The Argyle since 2022 and, according to his wife, generally liked living there. He had several health conditions, including high blood pressure and cognitive decline.

He also had written directives on file stating that he wanted life-saving measures, including CPR, performed in an emergency.

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Anita Springsteen, an attorney representing Sharon Dutkevitch, said the response by staff fell far short of expectations.

“They took so long to respond and didn’t seem to be aware there was an emergency going on,” Springsteen said. “Once they were aware, they lingered around and didn’t do anything, didn’t immediately give CPR, didn’t do the things you would think a facility like that — with trained staff — would do on an immediate basis.”

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CBS Colorado’s Brian Maass interviews Anita Springsteen, an attorney who represents Sharon Dutkevitch.

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Springsteen said a lawsuit is likely.

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“It seems like there was a window in there where something could have been done — he could have been saved,” she said.

The state issued an immediate $2,500 fine and ordered The Argyle to correct multiple deficiencies related to the case.

A spokesperson for the facility said those issues were addressed by Feb. 12 and that the “immediate jeopardy” designation was lifted that day.

The Argyle challenges some of state report’s conclusions

Since Dutkevitch’s death, the facility says it is no longer accepting residents who smoke and now closes its outdoor smoking patio each night at 10 p.m.

The Argyle administrators declined an on-camera interview request from CBS Colorado. In a written statement, administrators said they take resident safety and regulatory compliance “extremely seriously” and have implemented additional training, communication protocols, and oversight measures.

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The facility said some conclusions in the state report are being challenged.

Argyle officials maintained that staff members who were CPR-certified responded promptly once they became aware of Dutkevitch’s condition, contacted emergency services immediately, and followed instructions from 911 operators.

The Argyle also defended its training practices, saying it maintains comprehensive onboarding and ongoing instruction in CPR certification and emergency response procedures, and is reinforcing those processes.

Regarding the “immediate jeopardy” designation, the facility said it does not reflect the overall safety and care provided and noted it was lifted shortly after the state required the addition of an “Unresponsive Resident Policy.”

argyle.jpg

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The facility also disputed findings related to monitoring the smoking area, stating that regulators agreed a camera system could be sufficient for monitoring during discussions about the rule.

A spokesperson for the Colorado Department of Public Health and Environment said the investigation is continuing.

“The investigation of Argyle Living Residence is still ongoing,” said spokesperson Alexandrea Kallin. “Until it’s complete, we cannot provide any additional information. Investigations vary in their complexity and can take some time to complete.”

Sharon Dutkevitch said she chose to speak publicly in hopes of preventing similar incidents.

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She said she wants accountability and change — “so no one else goes through this.”



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