CB News filing state appeal of District Court decision

Does public have right to know who is asking to ban books from their library?

[  By Mark Reaman  ]

The Crested Butte News this week filed a Notice of Appeal with the Colorado Court of Appeals over a decision made earlier this year by the Gunnison County District Court. Working with the organization Reporters Committee for Freedom of the Press and attorney Rachael Johnson, the CB News is asking the court to allow the full disclosure of information submitted as part of a “Request for Reconsideration Form” to the Gunnison County Library, including the name of the person filing such a request.

The News had filed a Colorado Open Records Act (CORA) request last spring with the Gunnison County Library District to see the four separate Request for Reconsideration filings made with the library concerning the book, Gender Queer: A Memoir. The library district and executive director Drew Brookhart asked District Court judge Steven Patrick for clarification over a state statute dealing with public records requests specifically to library users. While the district court agreed that the documents should be provided to the newspaper under CORA, judge Patrick determined that personal information should not be included and identifying information should be redacted. Patrick concluded that under the state statue, a library user “is not limited to someone who reads materials in the library, or, checks out material, but inclusive of any person “using” library services.”

The News wrote stories based on the redacted documents provided. But in consultation with state newspaper advisors, the News decided to pursue an appeal based on the argument that those who voluntarily submit a Request for Reconsideration Form asking that books be moved or banned within the local library should not be shielded as “library users” but rather the public deserves to know who is making such a request in their community. The News essentially argued that anonymity prevented transparency and accountability with business being conducted for a public entity.

Johnson explained the next steps are procedural in nature and further documentation will be required by the court through the fall.