{"id":454,"date":"2025-05-01T11:01:22","date_gmt":"2025-05-01T11:01:22","guid":{"rendered":"http:\/\/sewellconsultancy.com\/?p=454"},"modified":"2025-05-05T03:11:19","modified_gmt":"2025-05-05T03:11:19","slug":"dont-override-poliss-veto-on-a-bill-that-slows-down-the-publics-access-to-records-opinion","status":"publish","type":"post","link":"http:\/\/sewellconsultancy.com\/index.php\/2025\/05\/01\/dont-override-poliss-veto-on-a-bill-that-slows-down-the-publics-access-to-records-opinion\/","title":{"rendered":"Don\u2019t override Polis\u2019s veto on a bill that slows down the public\u2019s access to records (Opinion)"},"content":{"rendered":"

The Colorado General Assembly is considering overriding Gov. Jared Polis’ wise veto of Senate Bill 77<\/a>, which would allow government agencies to take longer to give the public documents that are subject to the Colorado Open Records Act. The most dangerous section of the bill also includes a carve-out for special treatment for journalists.<\/p>\n

The new law will allow the press to receive public records faster than the general public. Critics were right in their concern about allowing the custodians of public information to decide who is a journalist. Maybe I will find out soon if I am, or am not, a journalist after I file my first open records request under the new law.<\/p>\n

Colorado lawmakers are currently counting votes to see if they have enough to override the governor’s veto<\/a>, and could vote as soon as Friday if they do.<\/p>\n

In Colorado, as in many states, the question periodically arises: Should the press be treated differently, perhaps given special privileges when requesting access to state public records?<\/p>\n

The answer, rooted in the enduring principles of democracy, fairness, and the public\u2019s right to know, is clear: The press should not be treated differently. Instead, journalists and ordinary citizens alike should have the same equal access to government-held information.<\/p>\n

Colorado’s open records law, like the federal Freedom of Information Act (FOIA) and similar statutes across the United States, is predicated on a simple but powerful idea: Government records are the property of the people, not the agency holding them. The Colorado Open Records Act (CORA) does not draw distinctions based on who is making the request. Whether you are an investigative reporter for a major newspaper, a concerned parent, a business owner, or a curious student, the law recognizes your equal right to seek information about how your government operates.<\/p>\n

History offers cautionary tales about the dangers of allowing government agencies to decide who counts as “the press.” In authoritarian regimes, the state routinely distinguishes between “approved” and “unapproved” journalists, granting access to the former and denying it to the latter. Such practices are antithetical to the American tradition of an independent, adversarial press.<\/p>\n

Indeed, the very purpose of open records laws is to prevent the government from acting as a gatekeeper of information. By not making records available to all at the same time, the law ensures that no one, neither government officials or private intermediaries, should control the flow of information to the public.<\/p>\n