Legal
Colorado ACLU Cases

Legal Department Docket, 2002-Present

Case Name: American Civil Liberties Union v. LaCabe
Case Number: 2008-CV-4517, United States District Court, District of Colorado
ACLU Case Number: 2008-10

Description: This lawsuit, filed under Colorado’s open records laws, seeks an order that Denver disclose records related to budgeting for and purchase of police equipment such as “less lethal” weapons dating back to January 2007, when Denver was selected as the host city for the 2008 Democratic National Convention.

The lawsuit notes that the federal government has allocated $50 million to reimburse Denver for security-related expenses in connection with the convention, and that Denver officials have said that $18 million of that money is budgeted for purchases of equipment.

In responding to the ACLU’s request for records, the Records Coordinator for the Department of Safety refused to disclose almost all of the requested information. The stated grounds were that disclosure “could potentially disclose tactical security information of the Denver Police Department which would be contrary to the public interest.”

The lawsuit contends that the Colorado legislature addressed this issue in 2005. At that time, it added a provision to the open records laws stating that documents related to the budgeting and expenditure of public funds on security-related matters must be disclosed. The only exception allows deleting or redacting only those portions of the records that contain “specialized details of security arrangements.”

Issues: Open government, police practices

ACLU of Colorado Attorneys: John Culver, Mark Silverstein, Taylor Pendergrass

Links to Selected Documents:

"Denver should provide more details of security spending" Rocky Mountain News Editorial, July 25, 2008

“ACLU sues Denver seeking disclosure of DNC-related purchases of police equipment” ACLU News Release, May 28, 2008

Complaint, filed May 28, 2008

Back to the Legal Department Docket