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Longmont man said racist fliers aimed at insurance company, not minorities

DA says it is First Amendment issue
2020_08_17_LL_longmont_council_chambers
Photo by Macie May

A Longmont man behind the distribution of 11 photocopied flyers left on the storefronts of downtown businesses last week that blared racist messages said he was not targeting people of color. John Cruz said the fliers, printed up by a friend, were aimed at his ex-employer Allstate Insurance and its alleged racist practices.

“This was not about people of color but about Allstate and what they have done in the past,” Cruz said.

The fliers contained comments that disparaged the Black community. Police took them down and filed a report, according to a city of Longmont news release. Police also notified the Boulder District Attorney about the fliers.

Cruz said his friend, a former client, printed up the fliers and distributed them in a campaign to highlight Cruz’s fight against the insurance company.

Cruz, who is Puerto Rican by descent, said he has filed a complaint with the Equal Employment Opportunity Commission about how he was treated when he sought a promotion within the company’s office in Broomfield.

Allstate has not responded to email or telephone requests for a comment. 

Cruz said the city of Longmont has contacted him and asked for a meeting with him to discuss the fliers. No one from the city has confirmed a meeting will take place.

He said he wants the company banned from advertising in every football stadium in the country because of its treatment of minority employees. “They do not belong in football stadiums, they do not belong in any sport,” Cruz said.

The city of Longmont City Manager’s office and Longmont Downtown Development Authority released a statement last week after police collected the fliers, saying: “This kind of hateful and racist messaging has no place in our community. We consider the diversity of our community an important asset and what makes the Longmont community so special,” according to the statement. “We share a collective commitment to building community by engaging and learning to bridge cultural differences that value diversity and inclusion among the Longmont community, not tear them down.”

Boulder District Attorney spokeswoman Shannon Carbone said, in an email, the First Amendment protects speech no matter how offensive its content. The Supreme Court has never created a category of speech that is defined by its hateful content, Carbone said.

“So, as a matter of law, speech cannot be prosecuted just because of its hateful content. So, the Longmont Police Department and DA’s Office are prohibited from filing criminal charges,” Carbone said. The DA’s office also determined that the fliers were not directed at a particular individual, were posted in public places and the subject did not trespass or damage property, she said.

Cruz said, in his EEOC complaint, Allstate rebuffed him when he tried to move into a management position. Cruz was hired by Allstate in April 2010 as an exclusive agent. In July 2020, he approached two white/male field representative agents and asked why he had never seen any non-white field representative agents, the EEOC complaint states.

“I was told you will never see anyone of color performing the duties because they cannot do the job,” the EEOC complaint states. “When I mentioned Allstate Insurance commercials show people of color I was told, everyone needs a ‘n…..’ nowadays,” the complaint states.

Soon after, Cruz said he was discharged from being a broker and was replaced by a white/female.    

In a federal lawsuit filed by Allstate against Cruz, the company listed “unauthorized brokering” as the grounds listed for his termination.