Gov. Jared Polis accused of "extreme effort" to defeat Colorado bill requiring age verification on social media

Rift at state Capitol over measure aimed at protecting children on social media

Two Democratic lawmakers are lashing out at Gov. Jared Polis over his opposition to a bill aimed at protecting kids on social media.

State Sen. Chris Hansen and state Sen. Dafna Michaelson Jenet accuse the governor of taking extraordinary measures to keep the bill from making it to his desk, despite the measure's overwhelming support from both Republican and Democratic lawmakers.

They say the governor worked behind the scenes and went to great lengths to make sure the bill died, including enlisting the help of some powerful lobbyists, who the lawmakers say made threats of political retaliation if they didn't drop the measure.

The governor's office admits he had serious concerns about the bill but says the Coloradans who spoke out against it simply shared those concerns.

Chelsea Congdon is among those who testified in favor of the bill. Her son Miles was a sophomore at CU Boulder when he hurt his shoulder, bought what he thought was a painkiller on Snapchat, and died of fentanyl poisoning.

Part of Congdon died that day too.

"And I have spent the years since then, with other parents thinking, 'what can I do to make sure that doesn't happen to other families?' because that's all I've got left to do," she said.  

The bill would require social media companies to verify a user's age, cooperate with law enforcement, and give parents more control over what their kids see online. 

It passed the Senate with almost unanimous support and was set for a hearing in the House when suddenly opponents appeared out of nowhere.

Psychedelic mushroom supporters worried about free speech, pro-choice advocates worried about abortion access, and LGBTQ groups worried about kids access to information and supportive communities.

"What can happen, when we don't create barriers for LGBTQ young people to access these important communities, they can die too," said Jax Gonzalez.

Gonzalez with One Colorado says they only learned about the bill a week ago.

"It was impossible for us to find the time to actually find a workable amendment that would deal with our fears about what could happen with this bill in only a weeks' time," said Gonzalez. 

But that's not true according to lobbyist data from the Colorado Secretary of State's Office. It shows One Colorado was pushing for changes in the bill a month ago. What's more, the same lobbyists that represent One Colorado also represent Meta, the parent company for Facebook, Instagram, and other social media companies.   

Hansen and Michaelson Jenet say the lobbyists weren't open to amendments, they just wanted the bill killed. They say the Attorney General's Office helped draft the bill to ensure it was constitutional and wouldn't hurt free speech, abortion access or LGBTQ kids.  

Hansen says they met with opponents and offered amendments.

"We're not getting, you know... real feedback. We're not getting actual negotiation, it's just, 'no, kill these bills,'" he said. 

It was then they realized something else -- or someone else -- was involved.

"It's very clear that the governor is working hard to defeat the bill," says Hansen. "And it's frustrating we've asked them, 'what amendments would you like to consider?' and what they sent back, you know, basically... just makes the bill irrelevant. 

"This is certainly an extreme effort to go after this bill," says Hansen.

Congdon says it's reprehensible.

"And I think that's disgusting. I think it's reprehensible that that's the kind of leadership he's bringing to this issue. I can' help but feel that he's turned his back on Colorado's families and importantly on Colorado's kids and he's protecting social media companies," she said. 

A spokesperson for the governor released a statement saying:

"It's illegal to sell fentanyl over the internet and the governor supports tougher criminal penalties on fentanyl dealers whether they sell this poison on the internet or on street corners. The governor's serious concerns about the impact of this bill on freedom, innovation, privacy, and Coloradans' constitutional rights are shared by many Coloradans who have had their voices heard."

The House sponsors ended up killing the bill in hopes of bringing another version back next year.

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