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Bookstore Cannot Be Forced to Divulge Buyers, Court Says
Click here to view article on New York Times web site
April 9, 2002
By THE NEW YORK TIMES
DENVER, April 8 - A local bookstore does not have to turn over customer sales
records to help police investigators determine who bought a book on how to
make illegal drugs, the Colorado Supreme Court ruled today.
In a unanimous decision, the state's highest court found that both the First
Amendment and the Colorado Constitution "protect an individual's fundamental
right to purchase books anonymously, free from governmental interference."
The 6-to-0 ruling reversed a state appellate court's decision that ordered
the bookstore, the Tattered Cover, to turn over receipts for the purchase of
two books on the construction and operation of drug laboratories.
The books had been found by drug task force agents in a March 2000 raid of a
methamphetamine laboratory in a trailer home in a suburb of Denver. Outside
the trailer was an envelope from the bookstore, and the police wanted to
determine which of the trailer's residents had bought the books and might
thus be responsible for the drug laboratory.
Civil libertarians, the police and booksellers around the country had closely
tracked the case.
"We think this is a very, very important decision because it is the strongest
opinion on the issue of protecting customer privacy in bookstores that has
come down so far," said Chris Finan, president of the American Booksellers
Foundation for Free Expression.
The foundation, a nonprofit group, filed a friend-of-the-court brief and
helped raise money to pay for the bookstore's legal fees.
The Supreme Court ruled that a hearing had to be held before any search
warrant could be executed on a bookstore when the store was not itself the
subject of a police investigation. It also repeatedly referred to the
"chilling effect" if warrants were issued without such hearings.
"We hold that the city has failed to demonstrate that its need for this
evidence is sufficiently compelling to outweigh the harmful effects of the
search warrant," Justice Michael L. Bender wrote for the court.
Joyce Meskis, 60, who has owned the Tattered Cover since 1974, said today
that she was relieved that the case was over. "Two years is a long time to be
working on this," she said.
Ms. Meskis added that she felt she had to pursue the appeal to the state's
Supreme Court. "There is implied understanding when an individual goes into a
library or to a bookstore with the respect to the privacy of their reading
material," she said.
Lt. Lori Moriarty, commander of the North Metro drug task force â*” which
involved officers from eight jurisdictions including Denver and its
surrounding suburbs â*” said law enforcement agencies were also acting in the
interests of citizens and the community.
"There is always the fear that government is chipping away at the foundations
of our freedoms," Lieutenant Moriarty said, "and in this case I don't feel
like we were. We both have passion for what we do, and our passion was
protecting the citizens in our community from meth users and manufacturers."
The case has remained open until the search warrant decision was made.
Lieutenant Moriarty said the task force would now take its case to the
district attorney without the evidence it had sought.
"One thing the ruling did was brought forth a blueprint," she said. "The
hurdle is bigger, but the blueprint is there."
Web site: The New York Times
Copyright
2002 The New York Times Company
__________________________________________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
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