TATTERED COVER HAS RIGHT TO FIGHT

Joyce Meskis isn't going down without a fight.

The owner of the Tattered Cover Book Store has stood firm since March,
refusing to relinquish store records that would reveal who purchased two
books on manufacturing amphetamines.

Denver District Court Judge J. Stephen Phillips last month ordered her to
give the documents to police. She politely declined.

"A bookstore is a house of ideas," she said, explaining that it's a privacy
issue and a free speech issue. She's right, of course, but there's more to
the story.

On March 14, Adams County deputies raided a methamphetamine lab and found
two books: "The Construction and Operation of Clandestine Drug
Laboratories" and "Advanced Techniques of Clandestine Psychedelic and
Amphetamine Manufacture." Investigators also recovered an envelope
containing an invoice number from the Tattered Cover LoDo.

The books, while not Nobel Prize winners, are perfectly legal to write,
publish, sell, purchase and read. In fact, probably the biggest market for
these titles is the law enforcement community.

Presumably, investigators still don't have enough evidence to prosecute the
suspects or they wouldn't be taking Meskis to court. In the past eight
months, police have had ample opportunity to check fingerprints, interview
witnesses, investigate the distribution of the illegal drugs and pursue any
number of leads on the actual illegal activity.

And they're still fussing about who bought the books.

You have to wonder: Is it possible that the war on drugs has become so
insidious that a suspect could be convicted of a felony based on evidence
that he bought a book?

"This isn't about the Tattered Cover standing in the way of police
enforcement at all," Meskis said. "We certainly understand how hard their
job is. But to fear that what you read may be found in the hands of the
authorities at their request is a very chilling prospect."

Sue Armstrong, executive director of the American Civil Liberties Union in
Colorado, agreed. "If the Tattered Cover loses this case, the message is
clear that the government has the right to scrutinize what we read and
infer behavior from that." Meskis said support for her position has been
overwhelming. "We have never had an issue that we've been involved in that
has had more support from all across the country."

And it's building, Armstrong said. "Both conservative and liberal groups
are very concerned. I think it's heightened everyone's awareness." Meskis
said she will appeal Phillips' ruling and her attorney, Dan Recht, will
request the case go directly to the Colorado Supreme Court. But the
eight-month-long legal battle has not come cheap, so I've got an idea.
Everyone who cherishes the right to buy books without fear of government
investigation, intimidation and harassment should celebrate it by visiting
a Tattered Cover Book Store and buying a book - any book. It's the best way
I know to say, Right on, Joyce!

And thanks for your courage.

E-mail Diane about this column.