A judge has ordered a Texas-based oil and gas company to pay attorney fees to a Paonia environmental activist whom it sued for libel after he posted a critical comment on the website of the Glenwood Springs Post Independent.
The mother of a 19-year-old man who was killed during a confrontation with police last year is on a mission to make law enforcement body camera footage more available to the public under Colorado law.
A district court judge in Delta County ruled that the town of Paonia improperly invoked CORA’s safe harbor clause in a lawsuit against Bill Brunner, a former town trustee who had requested numerous records in 2017. Not only should the town have turned the records over to Brunner, Judge Steven Schultz wrote, he is entitled to be reimbursed for his legal costs and attorney fees because Paonia officials “failed to exercise reasonable diligence or reasonable inquiry” before going ahead with the suit.
A brief filed by the Colorado Freedom of Information Coalition and several news and journalism organizations asks the U.S. Supreme Court to hear a First Amendment records case, deemed “vital to Colorado journalism,” that was brought by The Colorado Independent.
With no process for appealing public records denials short of filing a lawsuit, Colorado might want to look at a two-year-old system in Ohio, which lets anyone challenge a denial for a $25 filing fee. The president of the Ohio Coalition for Open Government says residents of his state “now have a fighting chance – no matter their resources or standing” when they believe records are wrongly withheld.
A judge should deny the prosecutors’ motion to keep autopsy reports from the public in the Frederick triple homicide case because the criminal court lacks jurisdiction to decide that question, a media coalition and the Colorado Freedom of Information Coalition argued.
Colorado court officials, still working to address case suppression issues raised by recent stories in The Denver Post, were briefed about another records-access problem affecting a nonprofit’s ability to provide legal services to low-income Coloradans.
HIPAA is the federal Health Insurance Portability and Accountability Act, enacted by Congress in 1996. The law’s privacy rules, designed to protect the confidential health information of patients, often are misunderstood and misapplied, and that certainly seems to be the case with the July 5 detention of Greene near the state Capitol, according to legal experts.
Should you have to show identification to inspect or get copies of public records? Unlike a few states such as Virginia and Tennessee, Colorado has no requirement that freedom-of-information requests be made by people who actually live in the state. So what’s the point? Is it legal?
Two years ago, the Colorado Freedom of Information Coalition published a study showing that at least 26 states offer some kind of dispute-resolution process as an alternative to suing the government for improperly withholding public records. We asked whether the Colorado Open Records Act (CORA) should provide another way to appeal a rejection. Now, a candidate for Colorado attorney general is trying to focus attention on the same issue by “crowdsourcing” a proposal on social media.