Editor: Colorado city drops effort to block newspaper story
By The Associated Press
11.08.02
COLORADO SPRINGS, Colo. — The city yesterday dropped an attempt to block a newspaper from publishing a story based in part on a detective's personnel file that was mistakenly given to a reporter, the newspaper's editor said.
The city had requested a preliminary injunction in a state court to block the alternative weekly Colorado Springs Independent from publishing the story, and had filed a lawsuit seeking to make any injunction permanent. Both actions were withdrawn yesterday, said Cara DeGette, the newspaper's editor.
Assistant City Attorney Lori Miskel was unavailable for comment last evening.
American Civil Liberties Union Foundation of Colorado legal director Mark Silverstein said the request for a preliminary injunction was essentially a gag order that would have violated the newspaper's First Amendment rights.
He said that, according to the lawsuit, a temporary city clerk turned over a detective's personnel file to DeGette and reporter John Dicker, and Dicker was able to make some notes before a supervisor realized the mistake and retrieved the file.
Denver attorney Steve Zansberg, who represents the newspaper, said DeGette and Dicker had properly identified themselves as reporters.
"Once a newspaper lawfully obtains the information, it is up to the newspaper, not the government, to decide what information it will publish," Zansberg said.
The story, regarding police actions in Colorado Springs, is tentatively scheduled to be published later this month, DeGette said.