An internal memo from Denver International Airport appears to support key claims made by a former airport attorney in an ongoing federal lawsuit, despite repeated public denials from city officials about what occurred during a closed-door meeting earlier this year.
The memo, obtained by CBS Colorado, documents statements allegedly made during a January 6 meeting involving senior city and airport leadership. The meeting is central to a lawsuit that accuses Denver’s city attorney of urging airport officials to pursue a safety inquiry into an airline for legal and political reasons rather than genuine safety concerns.
Background
The dispute stems from a request by Key Lime Air, a charter airline, to lease about 1,200 square feet of office and storage space at Denver International Airport. Such lease agreements are typically routine.
However, in December, the Denver City Council voted overwhelmingly against the lease after learning Key Lime Air had contracted with federal immigration authorities to transport detainees. According to one council member, the vote risked approximately $90 million in federal aviation grant funding because Federal Aviation Administration rules prohibit cities from treating airlines differently based on non-operational factors.
January Meeting
Following the council vote, a January 6 meeting was held involving airport and city officials to address potential legal consequences. Attendees included airport CEO Phil Washington, airport attorney Everett Martinez, interim mayoral chief of staff Emily Garnett, and City Attorney Miko Brown, among others.
According to Martinez, who later filed a lawsuit against the city, Brown suggested that airport officials examine Key Lime Air’s safety record to justify the council’s earlier decision. Martinez alleged this was proposed not due to actual safety issues but to create legal justification after the fact.
City officials publicly denied that characterization. The mayor’s office described Martinez as a disgruntled employee and stated no one had called for a fabricated investigation. Brown also sent a memo to her staff asserting that the allegations were untrue.
The Memo
The internal memo, written by Martinez on January 13 and later approved by the airport’s vice president of airline affairs, recounts the January 6 discussion in detail. It lists all eight meeting participants and describes Brown encouraging airport officials to investigate Key Lime Air’s safety record.
According to the memo, Brown said the city needed an additional rationale in case federal regulators questioned the council’s vote. The document also states that Brown continued raising the idea in follow-up conversations and emails in the days after the meeting.
Two sources familiar with the memo confirmed its authenticity and accuracy to CBS Colorado.
Legal Review
Denver attorney Steven Zansberg, who specializes in First Amendment law, reviewed the memo and related timeline. He said the document appears to describe an attempt to generate a post hoc justification for the council’s action, even though the plan was never carried out.
Zansberg noted that while no investigation ultimately occurred, the city’s categorical denials could present greater legal and political risk.
He also raised questions about how widely the issue was discussed within city leadership and whether higher-ranking officials were aware of or approved the public response.
City Response
City officials said they were not aware of the memo until CBS Colorado inquired about it. A spokesperson for Mayor Mike Johnston said a judge reviewing Martinez’s lawsuit found no evidence of criminal conduct or fraud after reviewing extensive documentation and arguments.
The spokesperson said the memo does not change that conclusion and reiterated that no safety investigation into Key Lime Air was ever initiated.
Officials declined to comment further on the January 6 meeting, citing confidential communications.
Current Status
Multiple sources confirmed that Denver International Airport ultimately rejected the idea of conducting a safety investigation into Key Lime Air, and no inquiry was opened. The federal lawsuit filed by Martinez remains active.
FAQs
What does the DIA memo describe?
A January meeting involving city and airport officials.
Which airline is involved?
Charter carrier Key Lime Air.
Why was the lease rejected?
City council cited concerns tied to detainee transport.
Was a safety investigation launched?
No investigation was ever opened.
Is the lawsuit still active?
Yes, the federal lawsuit remains ongoing.
