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Judge: State Law Protects Privacy of Those Who Ask for Library Books To Be Banned or Reclassified

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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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People who ask Gunnison County librarians to remove or reclassify books they find objectionable or controversial can remain anonymous, a judge decided.

In a civil case brought against Mark Reaman, editor of the Crested Butte News, Gunnison County District Court Judge J. Steven Patrick ruled last week that “Request to Reconsider Materials” forms submitted to the Gunnison County Library District must be disclosed but with requester names and other identifying information redacted.

The judge cited a state statute that protects the confidentiality of library “user records.” He also relied on the Colorado Supreme Court’s 2002 ruling in Tattered Cover v. City of Thornton, which recognized a First Amendment and state constitutional right to purchase books anonymously.

“The Court concludes that user in the statute under this analysis is not limited to someone who reads material in the library, or, checks out material, but inclusive of any person ‘using’ library services,” Patrick wrote.

Reaman argued that someone asking for a change in library policy is not a library “user” whose identity is protected by the statute. The Gunnison County Library District should release unredacted forms under the Colorado Open Records Act (CORA), he contended in a court filing, because the community is entitled to know if a person seeking to ban or reclassify books “is a member of the community and not, for example, some politically motivated interloper that may have never set foot in the Gunnison County Library or even Gunnison County.”