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Colorado Lawmakers Remove ‘Vexatious’ Requester Provision From Bill That Lengthens Cora Deadlines

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  • Colorado Freedom of Information Coalition

    The Colorado Freedom of Information Coalition is a nonpartisan alliance of groups, news organizations and individuals dedicated to ensuring the transparency of state and local governments in Colorado by promoting freedom of the press, open courts and open access to government records and meetings.

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A bill in the Colorado legislature aimed at curbing the “abuse of CORA” no longer contains a provision for labeling certain requesters of public records as “vexatious.”

Representatives removed the controversial language from House Bill 24-1296 on Friday after Rep. David Ortiz argued it was “problematic” for people with disabilities and others who use the Colorado Open Records Act to fight for their rights in court.

CORA “is really how we go after getting information to try and litigate our rights, and we don’t want to be able to be declared vexatious as a roadblock,” said the Littleton Democrat, who was paralyzed from the waist down in a helicopter crash while serving as a U.S. Army pilot in Afghanistan.

As amended in committee last month, the bill would have let records custodians apply for a court order limiting someone’s access to public records for 30 working days if that person demonstrated “an intent to annoy or harass a custodian.” That person would have been considered vexatious for three years.