Claiming that they鈥檝e been illegally barred from entering a base south of Colorado Springs, Robert Alvarez and Georg-Andreas 鈥淎ndrew鈥� Pogany have filed suit in U.S. District Court.
The alleges that in November 2012, an order issued by Fort Carson officials barred Alvarez and Pogany from entering the base because their presence was disruptive 鈥渢o the good order and discipline of the installation.鈥� It argues that Col. David Grosso, commander of Fort Carson鈥檚 Garrison, issued that order.
The 21-page document continues:
COL GROSSO gave no explanation of what actions ALVAREZ and POG脕NY allegedly took that disrupted 鈥渢he good order and discipline鈥� of Fort Carson. This order prevented, and continues to prevent, ALVAREZ and POG脕NY from entering Fort Carson for any reason, even as trial support for criminal defense attorneys in courts-martial. This order also prevented, and continues to prevent, ALVAREZ and POG脕NY from contacting military personnel and contractors on Fort Carson.
The case requests a judgment declaring the debarment as 鈥渁rbitrary, irrational, unpredictable and discriminatory.鈥� It asks that Pogany and Alvarez鈥檚 access to the base be restored, and requests for the defendants to pay the plaintiff鈥檚 attorney fees.
Maren Chaloupka, an attorney representing the plaintiffs, said her clients requested review of the decision by various military agencies.
鈥淏ecause that was unsuccessful we鈥檝e stepped outside of that venue and asked for the independent review of the federal district court,鈥� she said.
Chaloupka finds this type of case very unusual, adding that it has little direct precedent in the courts.
When reached for comment, Fort Carson said it will not discuss any pending litigation.
Alvarez and Pogany have worked for years advocating for active duty and military veterans in Colorado. Their investigations into less than honorable discharges were .
In 2010, KUNC interviewed Pogany about the case of , who was fighting for recognition of a traumatic brain injury that Lynch said happened during his second deployment to Iraq.