Tattered Cover Must Turn Over Records in Drug Case

Jim Milliot |

Oct 30, 2000

News
Tattered Cover Must Turn Over Records in Drug Case Jim Milliot -- 10/30/00 A Denver district court judge ruled earlier this month that Denver's Tattered Cover bookstore must turn over its records regarding the purchase of two books by a person suspected of operating a methamphetamine lab, but the judge did grant a restraining order that prohibits the authorities from looking at records pertaining to the suspect's purchases over a monthlong period. The decision followed a search warrant obtained by Denver police in April that sought to determine if two books about building a methedrine lab had been sent in a Tattered Cover mailer found near the suspect's property (News, Apr. 24). In limiting the scope of the warrant, Judge J. Stephen Phillips ruled that the request by police for access to purchase records for a month was a violation of the First Amendment right for persons "to receive information and ideas regardless of social worth, and to receive such information without government intrusion or observation." However, Judge Phillips did decide that the police had met the necessary criteria to force the Tattered Cover to allow authorities to examine records that may reveal the name of the person to whom the books in the mailer were sent and what the names of the books were. The judge found that "who purchased the books is a highly important piece of evidence" and that the information "is not readily available from another source." Judge Phillips said the case differs dramatically from a case involving Washington, D.C.'s Kramerbooks, in which the independent prosecutor sought the book-buying records of Monica Lewinsky. "Those subp nas were exploratory in nature and the government was unable to show any need or nexus to a criminal event," Phillips wrote. In a press conference held after the decision, Tattered Cover owner Joyce Meskis told reporters that "turning over the information that the judge has demanded would have a chilling effect" on what books people may purchase. Meskis has 15 days from the day the decision was handed down (October 20) to decide whether she will appeal. Chris Finan, president of the American Booksellers Foundation for Free Expression, said an appeal has both advantages and disadvantages. In particular, Finan noted that ABFFE, which is helping to underwrite Meskis's legal costs, was "pleased that the judge recognized First Amendment concerns" in limiting the search warrant. And while ABFFE disagreed with the judge over the need to turn over any information at all, Finan said that an appeals court may not consider First Amendment issues at all. "We are trying to get the courts to recognize that bookstores are not fishing tanks for the police," Finan told PW, adding that bookstores deserve the same sort of First Amendment protection enjoyed by other media outlets.

News

Tattered Cover Must Turn Over Records in Drug Case
Jim Milliot -- 10/30/00

A Denver district court judge ruled earlier this month that Denver's Tattered Cover bookstore must turn over its records regarding the purchase of two books by a person suspected of operating a methamphetamine lab, but the judge did grant a restraining order that prohibits the authorities from looking at records pertaining to the suspect's purchases over a monthlong period. The decision followed a search warrant obtained by Denver police in April that sought to determine if two books about building a methedrine lab had been sent in a Tattered Cover mailer found near the suspect's property (News, Apr. 24).

In limiting the scope of the warrant, Judge J. Stephen Phillips ruled that the request by police for access to purchase records for a month was a violation of the First Amendment right for persons "to receive information and ideas regardless of social worth, and to receive such information without government intrusion or observation." However, Judge Phillips did decide that the police had met the necessary criteria to force the Tattered Cover to allow authorities to examine records that may reveal the name of the person to whom the books in the mailer were sent and what the names of the books were. The judge found that "who purchased the books is a highly important piece of evidence" and that the information "is not readily available from another source." Judge Phillips said the case differs dramatically from a case involving Washington, D.C.'s Kramerbooks, in which the independent prosecutor sought the book-buying records of Monica Lewinsky. "Those subp nas were exploratory in nature and the government was unable to show any need or nexus to a criminal event," Phillips wrote.

In a press conference held after the decision, Tattered Cover owner Joyce Meskis told reporters that "turning over the information that the judge has demanded would have a chilling effect" on what books people may purchase. Meskis has 15 days from the day the decision was handed down (October 20) to decide whether she will appeal.

Chris Finan, president of the American Booksellers Foundation for Free Expression, said an appeal has both advantages and disadvantages. In particular, Finan noted that ABFFE, which is helping to underwrite Meskis's legal costs, was "pleased that the judge recognized First Amendment concerns" in limiting the search warrant. And while ABFFE disagreed with the judge over the need to turn over any information at all, Finan said that an appeals court may not consider First Amendment issues at all. "We are trying to get the courts to recognize that bookstores are not fishing tanks for the police," Finan told PW, adding that bookstores deserve the same sort of First Amendment protection enjoyed by other media outlets.

A version of this article appeared in the 10/30/2000 issue of Publishers Weekly under the headline: