City of Boulder v. Yellow Scene Magazine (Amicus)

The ACLU of Colorado filed an amicus brief with the Colorado Freedom of Information Coalition urging the Colorado Court of Appeals to uphold a ruling that fees for body-worn camera footage are not authorized by Colorado’s Enhance Law Enforcement Integrity Act passed in 2020.

The ACLU of Colorado and the Colorado Freedom of Information Coalition (CFOIC) filed an amicus brief in support of Yellow Scene Magazine in its lawsuit against the City of Boulder for the City’s refusal to follow Colorado state law which mandates that the City release, at no cost, body-worn camera (“BWC”) footage of certain police actions.

In the summer of 2020, the Colorado legislature passed the Enhance Law Enforcement Integrity Act (“ELEIA”). One provision of the ELEIA requires that all law enforcement audio and video recordings of an incident be released to the public after law enforcement agencies receive a complaint of police misconduct. This provision plays a fundamental role in ensuring transparency between state law enforcement officers and the public. Despite the lack of any provision authorizing fee collection, law enforcement agencies around the state have been charging fees for records requested under the ELEIA, and often these fees are prohibitively high. This practice has substantially hindered the ELEIA’s goal of increasing government transparency in the context of police misconduct.

Following the 2023 fatal shooting of 51-year-old Jeannette Alatorre by Boulder police officers, Yellow Scene Magazine submitted a request for the BWC footage of the shooting. In response, the Boulder police department demanded thousands of dollars in fees for locating and redacting the footage in violation of the ELIEA. A Boulder County District Court ruled that the ELIEA prohibits Boulder from requiring Yellow Scene Magazine to pay for the footage. The City of Boulder appealed the ruling.

On appeal, the ACLU of Colorado and CFOIC filed an amicus brief supporting Yellow Scene Magazine, arguing that the excessive fees requested by the City of Boulder and other municipalities across the state hinder the press’ ability to hold the police accountable and defeats the intent of the ELIEA.

Oral argument in the Colorado Court of Appeals is set on March 10, 2026.

“Colorado Municipal Legue, Sheriff’s Group Back Boulder In Body Camera Fee Lawsuit,” Boulder Reporting Lab, May 11, 2025.

“City of Boulder Files Appeal: Police Accountability Law Faces Legal Challenge,” Yellow Scene, January 9, 2025.

“Boulder Magazine Sues Police Department Over Footage Release Fees,” Courthouse News Service, April 10, 2024.