Former Election Staffer Sues Denver, Alleging Retaliation for Speaking Out on Poll Worker Safety

Virginia Chau, a former election staffer from Denver, Colorado, claims she was unjustly fired after speaking publicly about the lack of safety for poll workers in a tense post-2020 election environment. In a lawsuit filed on Monday, Chau, who worked as a supervisor at Denver’s Voter Service and Polling Centers, asserts that city officials retaliated against her for her participation in a 2022 episode of Apple TV+’s The Problem with Jon Stewart. On the show, she discussed the mounting hostilities directed at election workers, highlighting the racial and verbal abuse she and her colleagues endured. Chau argues that this retaliation infringed on her First Amendment rights, as she was acting as a private citizen discussing matters of public concern when she voiced her concerns.

Chau’s comments on the show were in response to a new and volatile reality faced by election staff across the country, particularly following the spread of conspiracy theories about the 2020 presidential election. The episode, which aired in October 2022, addressed her experiences dealing with threats, hostile voters, and racial abuse linked to misinformation that circulated after former President Donald Trump claimed the election was “stolen.” During the segment, Chau shared anecdotes about the “unprecedented racism” she encountered, particularly as an Asian American woman, describing derogatory terms used against her, such as “China virus.” She described the intimidation faced by poll workers, noting the challenges of recruiting individuals willing to take on this essential public role without adequate safety measures.

Chau’s lawsuit states that Denver failed to address her concerns about the dangers faced by election staff. Instead of responding with the necessary resources, such as enhanced training and security measures for election judges, the city allegedly chose to retaliate against her. The complaint states that Denver officials first sought to demote Chau before ultimately deciding to terminate her employment. The suit describes how the proposed demotion to a hotline representative would have effectively removed her from public view, allegedly to prevent her from being recognized by the public after her television appearance.

Chau’s concerns about her treatment were met with vague reassurances, with Denver’s Elections Director R. Todd Davidson and Clerk and Recorder Paul López reportedly expressing “disappointment” in her decision to appear on the show. According to the complaint, Davidson told Chau that her remarks should have been pre-approved by city officials, despite her clear representation as an individual and not a city spokesperson. The suit claims Davidson insisted that Chau’s comments were “unfair” and indicated that city officials did not want her public remarks to reflect negatively on the city’s reputation. Chau interprets these reactions as a broader attempt to silence her and control the narrative around the city’s handling of poll worker safety.

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The fallout from her appearance on the show allegedly led to strained interactions with supervisors, culminating in Chau’s termination. She recounts being offered a role where “no member of the public would see her,” which she understood as a direct response to her visibility on a prominent public platform. Chau asked if her removal was due to her appearance as an Asian American woman discussing these issues, to which Davidson allegedly replied that the city simply did not want her recognized from the show. The demotion proposal, Chau argues, was a clear indication of the city’s discomfort with her visibility and the issues she raised, rather than a response to any professional misconduct.

Chau’s case centers on her claim that the city’s actions constituted a violation of her First Amendment rights to free speech. She argues that she was terminated for speaking openly about the conditions that election workers faced an issue that Chau believes should be addressed for the benefit of public employees and the democratic process. Her lawsuit asserts that Denver officials infringed upon her right to speak out on these issues without fear of retaliation, a right afforded to public employees when addressing matters of public importance.

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The lawsuit also sheds light on the hostile environment that Chau and other election workers reportedly endured after the 2020 election. Chau describes a workplace where verbal abuse was frequent, with some election judges and staff enduring racial slurs, harassment, and even threats. This hostility, she claims, was fueled by heightened political tensions and misinformation, which made the polling centers difficult and often dangerous workplaces. Chau’s call for enhanced protections, she says, was meant to safeguard the integrity of the election process and ensure a safe working environment for those responsible for upholding it.