The Dillon Town Council went against the recommendation of its town attorney Tuesday, June 11, when it unanimously voted down a policy aimed at clarifying what groups can use the Dillon Amphitheater.

The Town Council also voted 5-1 to reinstate the long-standing informal policy that has allowed the Dillon Community Church to hold Sunday services at the amphitheater. Town Attorney Kathleen Kelly said the establishment clause of the U.S. Constitution’s First Amendment places certain requirements on governments.

“The establishment clause essentially says that the government cannot support, promote or become overly intertwined with religious activities,” Kelly said. “The use of the amphitheater — because it is owned by the town of Dillon — is subject to the establishment clause, and that is something I urge you to take into consideration.”

The town government has allowed the Dillon Community Church to use the amphitheater for years. But events and recreation director Jessie Klehfoth said that other groups, from corporations to couples looking to get married, nonprofits and other religious groups, have also requested to use the space.

The Dillon Town Council first began discussing the need for a formal policy clarifying what groups can use the amphitheater back in April. Klehfoth said at that time that the amphitheater already has a busy schedule with events planned 5 or 6 days a week and has little room for additional events.

For concerts or events like town markets, the town will partner or sponsor the event and support it with staffing and other help, Klehfoth said. But with outside groups, like religious entities, hoping to use the amphitheater, it might not be appropriate for the town to sponsor the event, she said.

The draft policy the Dillon Town Council voted down Tuesday would have allowed only for town-sponsored and town-produced events but would not allow for private rental or usage of the amphitheater. 

The Town Council had also previously discussed legal questions related to amphitheater usage with the town attorney during two executive sessions last month before the policy was drafted for their consideration.

At the meeting Tuesday, about 25 people turned out in support of the Dillon Community Church being allowed to continue its services at the amphitheater. Dillon Community Church Senior Pastor Jim Howard noted that the church has been a staple of the town since it was founded.

“We are very sad,” Howard said. “You know, our church was started in 1912, and we’re very sad. We’re not attorneys. We just rent it.”

A young Boy Scout, a Denver resident who drove up from the city and local residents also spoke in opposition to the draft policy and in favor of continuing church services at the amphitheater.

Dillon resident Sean Butson listed off the philanthropic works that the church is involved in, including the over 4,000 meals and $100,000 he said it donates each year to local residents in need.

“In short, Dillon Community Church directly supports the town and its people and asks nothing in return. Nothing,” Butson said. “Why you would want to kick them out of the amphitheater is beyond me.”

Dillon Town Council member Dana Christiansen said that he is not in favor of the draft amphitheater policy. Christiansen said that the Dillon Community Church has been “part of the fabric of Dillon” since the town’s founding and has done so much for the local community.

After discussing the amphitheater policy at an executive session last month, Christiansen said he and other council members became aware of other town facilities that are used by religious entities elsewhere in the county.

In particular, Christiansen said he reached out to learn more about the policy that the Riverwalk Center in Breckenridge has for use of its facilities, which religious groups have used in the past. The Riverwalk Center has an application process that outlines criteria for which groups can use the space and asks questions such as, “To what degree does the application benefit our community?”

“With some minor tweaks, this would work for the Dillon Amphitheater,” Christiansen said.

Kelly, however, noted that the Riverwalk Center in Breckenridge is run by Breck Create, a nonprofit, rather than by the town directly.

Mayor Pro Tem Renee Imamura said that she also is not in favor of the proposed amphitheater policy and believes that the Town Council can come up with a better solution, even if it means opening up the venue to other users as well.

“Legally, I do want to protect the town, absolutely,” Imamura said. “But I’d be in favor of opening it up to everyone. Although, (Dillon Community Church) should be grandfathered in. They’ve been using our facility for so many years — then to pull the rug out from under them, I just do not agree with that.”

Council member John Woods said that he brainstormed a possible policy that would allow any tax-exempt organization such as churches and nonprofits to sign up to use the amphitheater on a first-come, first-serve basis.

“If it’s fair to all, that pretty much defeats the liability of preferential treatment,” Woods said. “And you can do that by instituting a one-year-in-advance event sign-up — first-come, first-serve. The church has to be first. One year in advance, if they want it. If someone else is first, they get it.”

Council member Oliver Luck said that the Dillon Amphitheater has become a victim of its own success, since it has attracted more and more visitors and events over the years. Luck said that he believes a policy can be crafted to allow outside groups like the Dillon Community Church to use the amphitheater.

“I think we can craft something that will meet the larger needs of the entire community,” Luck said. “But I think what we will see — and I think we all have to be prepared for is this — is a lot of usage of the amphitheater, and there will be complaints from those folks who live within earshot of the amphitheater. Let’s just prepare for that.”

Town Council member Kyle Hendricks said that while he is OK with continuing the discussion to try to come up with a better policy, he added, “I do not want to see events happening every day of the week. I don’t think the public wants to see that.”

Hendricks also raised concern about what residents and visitors might think about events put on by outside groups.

“We’re going to likely end up with things we don’t want to hear,” he said. “Things that our citizens or our public wandering by doesn’t want to hear, so please keep that in mind. It could get ugly.”

After the Town Council voted down the draft policy, Christiansen introduced a motion to reinstate the informal policy that allowed the Dillon Community Church to use the amphitheater for Sunday services.

Hendricks, the lone “no” vote on Christiansen’s motion, said, “We shouldn’t be opening ourselves up like this.” He added, “We didn’t built the amphitheater for God. We built the amphitheater for Summit County.”

Luck, who noted that he is a lawyer, said, “There is a very small chance that if we extend the current situation by two weeks or four weeks or six weeks that there will be any legal issues that will expose the town.”

Kelly said that her role as town attorney is to give the Town Council legal advice, but from there it is up to the Town Council to decide what to do with that advice.

“You’ve been fully briefed on the legal advice, and it is now your decision what you do with it from a policy standpoint,” Kelly said. “I’m not here to argue with anyone about use of the amphitheater.”

Town Manager Nathan Johnson said after the Town Council voted down the draft policy that “we’re just pushing the issue down the road.”

Christiansen said near the end of the Town Council meeting that he doesn’t believe Kelly isn’t as “proactive and solutions-oriented” as the town’s previous attorney. He called for the Town Council to discuss its legal representation at a future meeting.

“If it’s me, I’m paying my attorney to find solutions, not to throw obstacles in the way of what we’re trying to accomplish,” Christiansen said. “So I would like to put on (a future) agenda that we review our legal representation.