LAKEWOOD, Colo. (March 3, 2026)—Mountain States Legal Foundation (MSLF) has filed a federal lawsuit on behalf of former Florissant Fire Protection District Fire Chief Erik Holt, alleging he was unlawfully terminated in retaliation for exercising his First Amendment rights.
Holt served as Fire Chief of the Florissant Fire Protection District in Teller County, Colorado. In May 2023, following a local board election, Holt was contacted by investigators from the Fourth Judicial District Attorney’s Office regarding security footage from a polling location housed at the fire station.
On his own time and at his own expense, Holt obtained the requested footage from a third-party vendor and provided it to investigators. Holt wasn’t performing a fire drill or managing a budget—he was fulfilling a duty to the truth. His cooperation with law enforcement wasn’t part of his job; it was a citizen’s choice to hold people accountable.
Thirty-three days later, the District’s newly seated board voted to terminate Holt’s employment “for cause,” a designation Holt disputes as pretext for retaliation related to his cooperation in the investigation.
The case centers on a key Constitutional question: whether a public employee may be disciplined for speaking as a private citizen on a matter of public concern.
“Public employees do not surrender their First Amendment rights when they take a government job,” said Grady Block, attorney at Mountain States Legal Foundation. “Erik wasn’t fired for being a bad Fire Chief; he was fired for being a witness on a matter of public concern. The Constitution clearly protects that kind of speech.”
MSLF argues that the lower court improperly classified Holt’s actions as official job speech simply because the information he accessed was connected to systems he oversaw as Fire Chief. The lawsuit asks the court to reverse that ruling and allow the case to proceed to trial so a jury can determine whether Holt’s termination was unlawful retaliation.
The outcome could have broader implications for public employees nationwide. A ruling against Holt could allow government agencies to discipline employees for reporting misconduct whenever their knowledge is related to their work.
Oral arguments in this case will be held on March 17, 2026, in Denver, Colorado.