DENVER (KDVR) — A former Denver Elections Division supervisor has filed a federal lawsuit claiming that she was fired in 2022 for speaking about election security on "The Problem with Jon Stewart."
In her complaint filed Monday in Colorado, Virginia Chau said she worked as a Voting Service Polling Center Supervisor for the Denver Elections Division from 2018 through 2022 and worked in eight elections. During her time working there, Chau appeared on an episode of the Apple TV+ show called "Midterms: This Is What Democracy Looks Like?"
During her appearance, Chau said that 2020 was an especially difficult year to work at the polling center, and alleged that all workers, including herself, "experienced unprecedented racism from voters."
She spoke about her experience as an Asian-American Jewish woman working at a voting center and about threats made against election officials. She pointed to the "lack of training provided to those who work hard to ensure that our elections are safe, fair, and secure," according to her federal complaint.
“He invited various people connected with election monitoring onto his show and Virginia got an invitation so she went," David Lane told FOX31's Nate Belt.
Lane is part of civil rights law firm Killmer Lane LLP and is representing Chau in the federal suit. He said that Chau went on Stewart's show to talk about the fear election workers live with.
"She never said she was speaking on behalf of the city and county of Denver, she never said she was officially representing Denver," Lane told Belt.
Lawsuit argues First Amendment violations in firing
Chau is alleging that her First Amendment right to free speech was violated when she was fired for her appearance on the show. The episode aired on Oct. 28, 2022.
Chau said that on Nov. 5, 2022, she was called into a meeting with R. Todd Davidson, Dever Elections Divisions director and a human resources employee with Denver. Then, Davidson allegedly told Chau that he and other Denver election officials were "disappointed" in her comments on the show. He allegedly said that "it was not fair" for her to make the comments, and that she should have cleared the comments with Denver Elections first, "even though she was not representing Denver on the show."
Davidson said she would be removed from her position as supervisor because of her comments, and offered her a demotion to hotline representative "because no member of the public would see her in that job and recognize her from the show."
Chau refused the demotion and was contacted by Denver Clerk and Recorder Paul Lopez a few days later about her termination as a supervisor.
“They haven’t tried to hide the fact that they did it because she went on the show without permission," Lane told Belt. "You don’t have to wait for Big Brother to give you permission to speak on a matter of public concern if you’re a government employee.”
Lane said that it would be a different story if Chau worked for a private employer, but that government employees have specific protections.
The Denver City Clerk’s Office offered FOX31 a statement on Monday about the lawsuit.
“We are unable to comment on the specifics of currently pending litigation. However, Denver Elections Division employees are trained in safety and security, de-escalation and how to report concerns. Our priority is protecting the integrity and security of elections and personnel.”
Chau spoke about training on physical election threats
During the interview, Chau tells Stewart that she is a registered Independent voter, and trains poll workers at polling locations. Stewart asked her about changing attitudes around voting, safety for poll workers and what her normal training entails.
Chau raised concerns about the lack of specific training for possible physical threats at polling locations.
"The truth is there's no structure, there's no training for that," Chau told Stewart. She went on to say that financial resources for additional police or security were used only when specific named threats or voter fraud were concerns.
She appeared next to Adrian Fontes, a former county recorder of Maricopa County, Arizona, who noted that in 2018 the biggest election threat reported to his office was a rattlesnake in the parking lot.
"But the fact that you're asking a question about 'do you have training about what happens if somebody armed shows up if somebody's making actual physical threats?' That's how far we've come in this very, very short period of time," Fontes said. "And that's why when we say 'what's happening is dangerous for our democracy, and literally the survival of this republic,' that's what we mean."
Chau alleges 'unprecedented' racism in 2020
In her federal lawsuit, Chau said that she experienced "unprecedented" racism from voters, alleging they called her "the 'China virus'" and blamed her for COVID-19, and would question whether she was a lawful citizen.
"They would insist on having a 'real citizen' or 'real American,' or after seeing her Star of David, a 'Christian,' help them," Chau's lawsuit states. "Another election judge, who was Mexican American, received similarly racist comments. All election judges working with Ms. Chau heard the racist and antisemitic comments some voters were making."
Chau's lawyers are arguing that her termination violated her right to free speech and was in retaliation for her using her right to free speech.
“We want Denver to acknowledge that they violated the First Amendment and apologize and make some effort to not ever do it again to anyone else," Lane told Belt.
She is seeking to have her position as a supervisor at the Denver Elections Division reinstated, to have Denver implement better training and policies to ensure poll worker safety, and for Denver to attempt a good faith effort to recruit and retain diverse election workers, in addition to her attorney's fees.
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