amendment imposes an obligation this court to conduct an independent review of the entire record to be sure that the decision or below does not constitute a forbidden intrusion on the fuel of the st amendment and know what well you know the one mystery to me i guess is what psion mountain resort told your client was the reason for the contract cancellation i don't see that anywhere in the record is there any anything that china did you try and tell you about it try and tell us i don't know if that's in the record i think it's a fair inference though that there is fear of unrest that's led at record eleven dollars to twelve dollars it's also reinforce or the state with statements has a lot of and ambiguity in the city as you know committed to the enforcement of colorado law which protects all individuals which would include i am on but you say that the part about supporting research resources somehow permits a contrary inference why is that a plausible interpretation of o now i know i don't have authority to restrict who you represent the kind of client you take in fear for business and frankly you know me i'm fair nutro and i  can't hold the balance nice clear untrue excuse on one hand and stand on the other that being said this defense counsel i do we should be more mindful of the kind of client you take in the kind of men you will represent your saying that the city is not going to respond to nine hundred and eleven phone call if there's a risk of violence why why is that a plausible interpretation of a political statement by an elected official it's plausible because because the context of dare for hate speech whatever whatever that means we take it that means that the mare really hates the day our speech when he said i'm not going to commit any resources to the event he sending a message no different then our temper judge there who would say to defense counsel you will get no support or help from me in this trial well of course judges we know don't give support help to anyone what he's trying to communicate is that paragraph release that even hits on anything is the city of colorado springs will not provide any support or resources to this event and then it goes on and does not condone hate speech you think that does not provide well not provide any support or resources to mean we've got mayhem out there at the resort but the mayor just declared the police will not respond which is a huge leap instead when i read that i say oh but there you go there you go with withholding basic police protection and what that would mean as we have murder and mayhem and the mayor has said don't respond and that's not what this language but that's what your complaint s and it says in a number of places that that's what that language means but i read that language and i sure don't see that well respectfully where there does not seem to be any other kind of support or resources that a city would be irresponsible oh officials and allow me to happen well we still we still need to do is there anything that suggests that the mayor had a conversation with a direct conversation with the resort well respectfully i don't think he would need a direct conversation with resort is someone who is someone who issues a press release it doesn't mean that he's i sent a personal letter that actually with the press release to the recipient he cited the regardless regardless of whether or not it restrains elected officials you know they're critical you know private organizations you know cause groups all the time i mean that kind of comes comes with the territory and they're going to praise some and condemn others i mean that's kind of the world we we live in and you know you're basically creating constitutional liability or more or less did contract with peter to host its two thousand and eighteen spring conference on august th obviously things changed in their eyes the resort exercising its business judgment which is entirely its prerogative to type decided to terminate the contract there is no allegations in the american plate that any representative on any level from the mayor on down had any role in that decision and this report you know how do we know the resort brand and their relationships guest experiences and ultimately the bottom line and they have to take that into consideration when determine whether or not to maintain a contract with a particular party or not that may all be true but why wouldn't that be fleshed out and discovery through the summary judgment territory i think could be there but i think it's more appropriate and i think we have to look at  would say in so far that plaintiff gave it its best go we're looking at them in a complaint rather than the initial complaint and there certainly has the opportunity to to ask whether or not the resort was influence at all by the mayor statement there is no allegations in the complaint that it was even aware of the matter statement and certainly i would think if any of us were to having a vent information it just shows that there don't allegations that the that the resort was influenced by the mayor's statement but what did the statement mean when it said it would not provide any support or resources for the of the sir as i think you touched on it earlier and that is you know this is no different than the way the city would react to any private event held on a private party by private individuals and ask the question whether or not the city has any role in india event and the answer i quite clearly is no i look at it as  to you know an abortion clinic in town just because there's a possibility that there may be a protest does not mean that the city has to have spent resources didn't have officers out there just for the me road we all know that you think don't you think the city has some obligation if there is a credible through violence to take steps to improve security you know and if they if they if they picked and choose which businesses they would provide security to what's with that breach of their obligation to treat businesses yes that would be problematic if that was actually alleged in the admin the complaint however it was not i would say that you know the city of karachi springs does have an obligation to provide equal excluded from that so if there was a credible threat to property a credible threat to boggle the hearts certainly the city of colorado springs would do what they needed to do but i think if that language means something and maybe it can shed some light will not provide any support and resources when does the city do that when doesn't a city ordinarily provide support or resources i think you have to look in circumstances where you have heads of state and dignitaries that come to the city of chorus rings there of course there's going to be significant security concerns and the city is going to do i didn't work to ensure that that happened and i think it's also brings up another security months down down the road we can look to watson the city of kansas city for the general proposition that there is no right to police protection and so far that peter is now claiming that there are some equal protection problem here that was a that was a claim that was brought dismissed by the magistrate judge and they did not object to it below so certainly that is it's two steps one is that a reasonable interpretation of what the mayor said is that it was not going to respond to violence  provide that sort of protection at the resort and nd that that statement by the mayor put enough fear and was intended to put enough fear in the resort inferred from that mare statement that the mayor was saying you're on your own we're not going to do anything to protect you from violence there and and in answering that the statement we've all quoted is preceded by a paragraph in which the mare makes it clear she doesn't want these people around fifty we don't have the right to preach to prevent it but i would encourage local businesses to be attentive to the types of events they accept and the groups that they invite to our great city and then he says we're not provide any resources he doesn't limit that he doesn't say of course we'll provide protection he says we don't we're not going to provide resources and the el paso county sheriff's office apparently interpreted that way too they said the counties deputies would not be participating either unless the presence is requested by the colorado springs police department so you could read this statement by the mare otherwise i don't think it's a summary judgment thing one where the other but wouldn't it be a reasonable  that the mayor really dislikes this group and doesn't want them there and is saying you're on your own if they cause problems you're not going to get any help from us isn't that explain why that's not up a a reasonable earlier this is not a situation where there was mayhem happening at the resort and this and the mayor instructed the police tape to stand down and not provide any type of services this whole claim was to appeal to the conscience of business owners at the in the day look at the state not hold events like this no i don't think so i think it was exactly as he said to be mindful to think about what you do and at the end of the day if that's what  on that what do you normally do normally all you do is provide police protection against threats of violence and responding to the or was well mr kelly says and in the briefing that there was a credible complaint there is a credible threat there's absolutely no allegations in the amended complaint whatsoever that detail or describe this credible threat and we have to remember too that we are talking about a statement that was issued in august for an event that was going to occur the next spring so again this is all speculative in order to to forecast was going to happen months down the road it takes  threatening people that don't believe in vaccines by having a vaccine campaign and i don't think you're threatening i hate and division by promoting inclusiveness at the end of the day i don't see the mayor's statement as being directed at all towards  this as a direct statement to be there and the resort as much as i see it as a statement from the mayor an elected official to his constituency to really answering this question of whether or not i think this is something that the court touched on earlier the government spends a great deal of time urging private parties to change did your vehicle choose public tent transportation  healthier lifestyle the president may ask the nation to pray after a national tragedy at the end of the day none of these requests are significant encouragement or a course in the military again under different circumstances your honor it is possible that it would be but again this is not a situation where there has been an allegation a credible threat that there has been evidence or that the op has a kind of shar sheriff's office was also willing to take that which shows it's really not only but all its what everyone knew what the mare was saying and asked this government speech doctrine there was no rebuttal in from school in fear  encourage people not to attend the conference with with without my leave the constitution you know it's interesting it's an interesting question i think i think if there's a lot of controversy the more proper say i don't like this group and i don't think you should participate they just urge people maybe the resort to that for a good while to have enough people here to cover the minimum so we don't want to do it unqualified ever not any you can say we're not going to drop a red carpet there's no services whatsoever including fired police when you say that resort felt threatened your client is in a unique position to reality and a lack of any allegations in the complaint that there was a positive answer for your l what i mean i'm assuming that you would at least ask and that there would be a response and maybe the response would be we prefer not to discuss the matter but that would be a complaint whatever i don't i think that would be extr inference that the resort canceled the event because of what the mayor said you have to give something on which to draw the inference because the allegations of the complaint are that the