Lovato and Rodriquez File Motion to Dismiss Schoolhouse Charges

A motion to dismiss has been filed with Chaffee County Combined Court on behalf of two staff members of The Schoolhouse childcare facility.

Amy Lovato and Roberta Rodriquez face misdemeanor charges of failure to report child abuse or neglect and for knowingly placing a child in a situation that poses a threat of injury.

In the motion to dismiss, Lovato’s attorney Jason Flores-Williams is asking the court to dismiss the charge of failure to immediately report because of “the Court of Appeals has already held that the term ‘immediately’ is ambiguous, and so the statute is unconstitutionally vague.”

As to the charge of knowingly placing a child in a situation that poses a threat of injury, the motion asks for dismissal because “no reasonable person could find her guilty of the charges beyond a reasonable doubt.”

The motion goes on to say, “Ms. Lovato, who has devoted her career to providing childcare to the Salida community, is being charged with child neglect—the most damaging reputational accusation that a person in her position can endure—because one preschooler pulled down the pants of another preschooler at her day care center called The Schoolhouse, an innocent act that occurs in pre-schools every day across the country.”

RELATED: State Says Operation of The Schoolhouse Presented “Substantial Danger”

“Nowhere on the way to this brutally damaging charge did those tasked with prosecution and oversight exercise their discretion before presenting charges that not only ensure the end of Ms. Lovato’s career, but that have left the Salida community without quality childcare. Furthermore, the charges criminalize preschool behavior by turning a five-year old into a deviant and a three-year old into a victim for acts that are neither sexual, abusive, criminal, negligent or against any reasonable person or community standard. Lovato’s attorney stated in the motion, “we are here because one preschooler pulled down another preschooler’s pants and the District Attorney determined—arbitrarily per the Colorado Court of Appeals—that not reporting the act with the prosecutor’s timetable merited closing The Schoolhouse while destroying the careers of good, caring people whose only motivation was to contribute to their community.”

The Schoolhouse’s license to operate has been suspended. The facility will remain closed pending the outcome of the investigation.

The following is the full motion filed with the court on Sunday, February 19, 2023

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Dan R

Danny “Dan R” Ridenour has been in radio and television broadcasting for over 40 years, starting as a senior in high school in Rogers, Arkansas. His radio career has had stops in Nashville, Memphis, Oklahoma, and eventually, Colorado. Dan enjoys being involved in the community, having been a member of the Upper Arkansas Service Club and is currently on the board of directors for the Salida Community Center and is a member of the Chaffee County Fair Committee. He and his wife Carrie spend their days doing everything the mountains have to offer: hiking, camping, fishing and skiing. They've raised 3 children and have 2 grandchildren.