Colorado Appeals Court Ruling Enhances Police Transparency
This week, the Colorado Court of Appeals delivered a verdict prohibiting the City of Boulder from imposing fees for accessing body camera footage in cases involving police misconduct complaints. Advocates view this decision as a pivotal moment for police accountability and transparency throughout the state.
The court’s decision responded to a lawsuit initiated by Yellow Scene Magazine. The magazine had contested Boulder’s demand for over $8,000 to access body camera footage related to a December 2023 incident where police officers fatally shot Jeanette Alatorre. The lawsuit characterized the fees as prohibitive, effectively restricting access to the footage.
Legal experts argued the fees conflicted with the 2020 Enhance Law Enforcement Integrity Act, a Colorado law aimed at increasing police accountability following national protests against police violence. The law mandates the release of footage within 21 days for incidents involving misconduct complaints, without any provision for fees.
Attorney Matthew Simonsen from Grata Law and Policy LLC, representing Yellow Scene, remarked, “Today’s ruling reaffirms what should have been obvious to Boulder when this lawsuit was filed two years ago — police departments can’t use exorbitant fees to hide their officers’ misconduct behind a paywall.”
Sarah Huntley, Boulder’s spokesperson, acknowledged the ruling and mentioned that the city is considering its legal options, including a potential appeal to the Colorado Supreme Court.
Boulder had defended the fees as necessary to cover costs for editing footage to protect individual privacy, citing the Colorado Criminal Justice Records Act, which permits “reasonable fees” for records. The city also argued that an unfunded mandate law rendered their obligations optional since the legislature did not allocate funds for reviewing and producing recordings.
The appellate court dismissed these arguments, stating that the fee provision in the criminal justice records law is not applicable under the accountability law. Furthermore, it emphasized that the Enhance Law Enforcement Integrity Act takes precedence due to its specificity and recent enactment. Judge Stephanie Dunn noted, “The conspicuous absence of a fee provision in the Integrity Act is telling. After all, the General Assembly knows how to include a fee provision if it intends one.”
Chief Judge Gilbert M. Román and Judge Craig R. Welling concurred with the opinion.
As per the ruling, Boulder must release the body camera footage of the Alatorre incident without charge. The footage reveals that Alatorre, who was reported to be armed near the North Boulder Recreation Center, ignored police instructions to disarm and was subsequently shot by officers. The weapon was later identified as an air pistol resembling a 9-millimeter handgun.
The decision could facilitate easier access to police use-of-force footage for Colorado residents. An amicus brief from the Colorado Freedom of Information Coalition and the ACLU highlighted the financial challenges journalists face in acquiring such footage. Media professionals have reported high costs, with a Denver Post editor noting reliance on footage willingly released by police due to prohibitive fees. A 9NEWS reporter cited a $4,000 charge for footage, while a Denver7 producer expressed concerns that these costs could prevent access to public records.
Jeff Roberts, executive director of the Colorado Freedom of Information Coalition, emphasized the ruling’s significance, stating, “Without this ruling, agencies could charge hundreds or thousands of dollars for bodycam footage depicting possible officer misconduct. What would have been the point of a law requiring the disclosure of such footage if news organizations and the public couldn’t afford to pay for it?”
