Newsletter of the Colorado Freedom of Information Coalition, a 501(c)(3) nonprofit dedicated to helping Coloradans understand and use their rights of access to the records and proceedings of government and the judiciary.
CFOIC’s 2019 “Guide to Colorado’s Open Records and Open Meetings Laws” covers what you need to know about access to information from state agencies and local governments.
Law school's research helped penetrate Colorado's 'blue wall' of silence
It’s unlikely we would have this important new law without research conducted by University of Denver Sturm College of Law professor Margaret Kwoka and DU law students Bridget DuPey and Christopher McMichael, each of whom received the Colorado Society of Professional Journalists’ First Amendment Award.
Brief asks 10th Circuit to affirm the public's First Amendment right to record police
The Colorado Freedom of Information Coalition joined other organizations in urging the U.S. Court of Appeals for the 10th Circuit to affirm the public’s First Amendment right to record police.
There was no need to wait for final adjournment to see that the 2019 Colorado legislative session was a productive one for freedom of information and First Amendment-related issues. Gov. Jared Polis cinched that on April 12, when he signed into law a groundbreaking transparency bill that ensures the public disclosure of records on police internal affairs investigations.
Experts: Encrypting police scanners begs for broader policy
Times-Call (Longmont): As the cost of encrypting radio communications shrinks, the question of its practice by local police departments has come under increasing scrutiny and prompted questions about who should have the ultimate authority to make the decision.
Volokh: Court seals file in Highlands Ranch school shooting case
Reason: You may recall that last year, our State Supreme Court issued a ruling saying that in this state—unlike all others—the public enjoys no presumptive right, under the federal or state constitution, to inspect records on file in courts of law. Trial judges, like Theresa Slade in Douglas County District Court, who is presiding over the Erickson murder case, have been given essentially unfettered "discretion" to seal their court files.
Colorado law means public may never know who new CU, CSU presidents beat out
Fort Collins Coloradoan: One thing the disparate searches shared: Due to the construction of Colorado's open records laws, the public is unlikely to ever know who McConnell and Kennedy beat out for their prestigious and high-paying posts, or what qualifications set them apart from other applicants.
Boulder County seeks dismissal of open-meetings, open-records lawsuit
Daily Camera (Boulder): A Gunbarrel woman who sued Boulder County contending it violated open-records and open-meetings laws has received copies of the documents she requested and assurances the Board of County Commissioners will not hold emergency executive sessions without first publicizing their purpose.
The Durango Herald: It is sometimes fun to pretend we can take our problems to James Madison, who brought forth the Bill of Rights, and say, “James, the president is calling the press the enemy of the people again,” or, “Jimmy, now people are being sued for voicing their opinions.” What is fun about this, for us, is that we imagine him giving the same answer every time: “We gave you the First Amendment!”
New sheriff releases secret body cam video of Christopher 'Matt' Poer's death
CBS4 (Denver): The new sheriff in Elbert County, Tim Norton, has released to CBS4 previously-suppressed body camera footage of the controversial 2018 death of Christopher ‘Matt’ Poer.
ACLU sues Republican state lawmaker Ray Scott over social media snub
The Denver Post: The ACLU of Colorado has sued a Republican state lawmaker after he blocked a constituent on social media, adding to a nationwide trend of lawsuits that already have cost Colorado taxpayers.
Should it be illegal for Colorado's elected officials to block someone on social media? This lawsuit may provide a definitive answer.
The Colorado Sun: Can the people we choose to lead us block or censor constituents on social media? It’s a question leading to increasing conflicts in Colorado between citizens and their elected officials in all levels of government.
Mortenson sues city for records wanted for convention center scandal defense
Business Den: Mortenson has sued the city of Denver for access to various documents as the construction company looks to defend itself against alleged wrongdoing related to bidding for the expansion of the Colorado Convention Center.
Are online threats protected free speech? Colorado Supreme Court to decide on Denver student's tweets
The Denver Post: The state attorney general is asking the Colorado Supreme Court to decide whether those threats were free speech or a crime. The Supreme Court heard arguments in the case at a special hearing at Westminster High School, and its eventual decision could set a precedent for future Colorado criminal cases involving social media threats.
Columbia Journalism Review: A late-night debate in a sparsely attended city council chamber in Colorado opened a new front in the national conversation about how to sustain local news.
Colorado Springs reverses course on concealing outside legal services for Skorman's ethics investigation
The Complete Colorado: Colorado Springs officials responding to a Colorado Open Records Act (CORA) request from SpringsTaxpayers.com asking to see some city legal bills initially tried to withhold public information, but later reversed course and provided the requested information.
Forty years in the making: Colorado's anti-SLAPP law protecting those who speak out
Colorado Politics: It goes like this: Speak out against a company or maybe a public official, and you could get sued. Not because you said something that was slanderous or libelous, but because you spoke out at all.
Colorado Senate president unsure if he'll reimburse taxpayers for Facebook comment lawsuit
9NEWS (Denver): Colorado Senate President Leroy Garcia (D-Pueblo) is unsure if he’ll reimburse taxpayers after a lawsuit over a social media comment on his Facebook page.
Longmont police scanner encryption study shows widespread officer support
Times-Call (Longmont): Longmont police released a report from six months of data collection on the department’s radio encryption pilot that generally shows improvements in officer safety and effectiveness.
Colorado journalism experts urge caution on proposed Longmont news outlet funded by library district
Times-Call (Longmont): Colorado news industry experts are recommending a cautious approach to Longmont-area residents who might be attracted to a news outlet funded by a proposed library district.
KRDO (Colorado Springs): Amazon, the online retail giant, has been in Colorado Springs since last fall, but its operations continued to be kept a secret.
Larsen: It's time for Colorado's public leaders to stand up to workplace sexual harassment
Fort Collins Coloradoan: I agree with state open records experts who have said that these agencies' overbroad interpretation of what is exempt from public release under Colorado law is contrary to good government ideals of transparency and leadership in workplace excellence. It's time these agencies make proactive steps to track the prevalence of workplace sexual harassment so they can better address underlying issues.
Having your FOI request denied may leave no other option than pursuing legal action against the rejecting public agency or official. The National Freedom of Information Coalition offers financial support to litigate open government lawsuits through the Knight FOI Litigation Fund. Backed by a generous grant from the Knight Foundation, the fund helps to defray upfront costs such as filing fees, depositions, court costs and other expenses associated with legal actions. Applications may be submitted through CFOIC or directly to NFOIC.
The Colorado Freedom of Information Coalition is a 501(c)(3) nonprofit that relies on membership dues, grants and gifts. Please consider making a tax-deductible donation or becoming a member. Thank you!
