xAI vs. Colorado AI Bias Law Hits Pause as State Drafts Replacement
xAI and Colorado AG Phil Weiser jointly asked the federal court to suspend all deadlines in xAI's challenge to SB24-205, halting enforcement while Gov. Polis's draft replacement bill moves through committee. DOJ joined xAI's side last week.
Elon Musk's xAI and Colorado Attorney General Phil Weiser jointly asked a federal court on Friday to suspend all deadlines in xAI's lawsuit challenging Colorado's SB24-205, the first US state-level AI anti-discrimination law. The filing also temporarily halts enforcement of SB24-205 — or any successor passed this session — buying both sides time as Gov. Jared Polis's policy group circulates a draft replacement.
The Filing
The joint motion cancels xAI's June 16 scheduling conference. SB24-205 was scheduled to take effect June 30; the pause keeps that date moving. xAI sued on April 9 arguing the law violates the First Amendment by forcing Grok to answer prompts in line with Colorado's diversity definitions, and is "unconstitutionally vague" on key terms like "algorithmic discrimination." Last week, the US Department of Justice moved to intervene on xAI's side, putting federal weight behind the challenge.
What Changed
Polis's working group released a draft repeal-and-replace bill on March 17, with hearings already underway. The new draft narrows definitions, exempts certain general-purpose models from "high-risk" treatment, and adds carve-outs for political and creative speech. If the legislature passes a substantively narrower replacement before June 30, xAI's First Amendment claims could be moot — and the DOJ's intervention loses its hook. If the replacement fails or doesn't move enough, the case restarts on the merits.
Colorado SunWhat to Watch
Two near-term signals. One, whether Polis's draft survives committee unchanged or gets watered down — Colorado's labor and civil-rights lobbies have been pushing back. Two, whether other states with similar pending bills (California, New York, Texas) take the pause as a green light to wait it out, or accelerate to set the national template before the federal courts do.
