Pubdate: Wed, 20 Mar 2002
Source: Denver Rocky Mountain News (CO)
Copyright: 2002, Denver Publishing Co.
Contact:  http://www.rockymountainnews.com/
Details: http://www.mapinc.org/media/371
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

DENVER POLICE REJECT REQUEST FOR ACCESS TO SURVEILLANCE FILES

Police have rejected a public-records request by a marijuana proponent who 
wanted to know if surveillance files collected by authorities included 
information on his activities.

Keith Evan Rude was the first individual to file a public-records request 
regarding the files. He received a denial letter Tuesday.

The letter stated "disclosure of the files would be contrary to the public 
interest" and cited an exemption in the public-records law that allows 
police to withhold files compiled "for any law enforcement purpose."

Mayor Wellington Webb has proposed a review system that would allow the 
department to notify Rude and others if an independent auditor determines 
files exist that were collected inappropriately.

Webb's proposal was a reaction to accusations made last week by the 
American Civil Liberties Union that claim the Denver Police Department is 
illegally keeping files on peaceful protest groups. The ACLU has demanded 
that the department allow access to everyone who is on the list.

Webb and police officials have conceded that at least some of the files 
violated department policies.

The police department has said it has about 3,400 files on individuals and 
organizations dating to about 1999. The ACLU has urged the city to preserve 
the files because they could be used as evidence for lawsuits.

Rude suspects he is included in the files because he has given public 
speeches as a member of the Boulder Hemp Initiative, including one on the 
steps of the Capitol. He has been arrested for civil disobedience in other 
states in protests involving ADAPT, and advocacy group for disabled people.

Rude, who lives in Longmont, said he's concerned that police have shared 
his file with Boulder social workers, harming his position in a protracted 
battle involving the care and custody of his teen-age daughter.

ACLU Legal Director Mark Silverstein said Tuesday his office has been 
flooded with calls and e-mails from people who want to know how they can 
find out what information has been collected about them.
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MAP posted-by: Beth