Boulder sues FAA seeking closure of local airport over grant obligations

Boulder officials contend that noise and traffic issues motivate their desire for housing development instead of maintaining an operational airport. They assert that the FAA's demands exceed its authority under what is known as the "unconstitutional conditions doctrine." This legal principle suggests that while the government can offer benefits like money or permits, it cannot condition those benefits on waiving constitutional rights if it lacks direct authority over such conditions.

Examples cited include:

- First Amendment: The government cannot require individuals to waive free speech rights for benefits.

- Fourth Amendment: Benefits cannot be conditioned on waiving protection against unreasonable searches and seizures.

- Fifth Amendment: Benefits must not require waiving due process rights.

- Spending Clause: Federal grants should relate directly to national interests without coercion.

The city argues legislative texts establishing grant programs were not explicit about imposed conditions and asserts ignorance of what they were agreeing to upon accepting funds. They claim the FAA's requirement infringes on their autonomy under the Tenth Amendment.

Some suggest solutions like selling the airport or reimbursing federal funds could resolve Boulder’s claimed constitutional issue without further conflict.

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