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.
freedom of information
Happy birthday to us – and a shout-out to some of Colorado’s original freedom-of-information fighters. Thirty years ago, on Aug. 3, 1987, 24 representatives of various news and public-interest organizations gathered at the Denver Press Club to create a state Freedom of Information Council, the entity now known as the Colorado Freedom of Information Coalition.
Litigate or give up. Those are your legal options in Colorado if a government entity improperly withholds public records, charges you out-of-line fees for inspection or drags its feet on a records request. The same is true if you suspect that a public body violated the Open Meetings Law. In many other states, however, litigation is not the only way to challenge FOI denials.