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News (Media Awareness Project) - US CO: Bookstore Records Case To High Court
Title:US CO: Bookstore Records Case To High Court
Published On:2001-06-28
Source:Denver Rocky Mountain News (CO)
Fetched On:2008-01-25 15:49:11
BOOKSTORE RECORDS CASE TO HIGH COURT

The Colorado Supreme Court has agreed to hear an appeal in a case
involving a police request for a drug suspect's purchase records from
the Tattered Cover Book Store.

"We were hoping that they would do this," said Dan Recht, attorney for
Tattered Cover and its owner, Joyce Meskis.

"It's unusual. It doesn't happen very often. It's my view that it bodes
well for our position. I think they see that it's a significant First
Amendment privacy issue."

Recht said he was notified Monday that the Supreme Court agreed to hear
the case, bypassing the state Court of Appeals.

Meskis said Wednesday she was hopeful about the outcome of the case.

"It's going on track as expected, and we continue to be expectant with
the hope that the Supreme Court would see the First Amendment argument."

In March 2000, Meskis obtained a restraining order after the North Metro
Drug Task Force tried to serve a search warrant to get a drug suspect's
book-buying records.

Authorities wanted to show that the suspect had purchased two books on
building a methamphetamine laboratory. The books and a Tattered Cover
envelope were found during a search of an Adams County trailer home.

In November, Denver district Judge J. Stephen Phillips ruled that the
bookstore must give information to Adams County investigators about the
two books.

Recht said that Phillips ordered a stay on that ruling while the case is
being appealed.

"To this day, the Tattered Cover has not turned over anything," he said.

Recht said he filed the notice to appeal in October and filed the first
brief on the case earlier this month.

He filed a motion in June asking the Colorado Supreme Court to take the
case directly.

"We knew that this case was of such significance that it didn't matter
who won in the Court of Appeals, the Colorado Supreme Court would
eventually hear the case," he said.

Gary Jacobsen, assistant city attorney for Thornton, who represented the
task force, could not be reached for comment.
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