ACLU had sued over likely arrests linked to DNC
By Sue Lindsay
Rocky Mountain News
DENVER, Colo. — Denver has agreed to turn over most of its policies for the city jail under a settlement with the American Civil Liberties Union.
ACLU attorneys sued the city last month over its refusal to turn over the jail policy manual, citing concerns that Denver was unprepared to handle the anticipated onslaught of protester arrests during the Democratic National Convention.
Under the settlement, the city must turn over the policies by Wednesday. The city also may redact parts of the policies for security reasons.
“But we have a right to go back to court and look at the redactions if we think the city has been overenthusiastic with a black magic marker,” ACLU attorney Taylor Pendergrass said Wednesday.
If the ACLU sees problems with the policies, it will take further action, Pendergrass said.
The settlement came on the eve of a hearing on the matter that was set for today in Denver District Court. The city also has agreed to pay $5,000 in ACLU attorney’s fees.
“We are certainly pleased that the city has agreed to release the records,” said John Culver, ACLU attorney. “Disclosure of the manual is firmly within the public interest, and the city’s policies at the jail should be transparent and open to any member of the public who wants to view them.”
The ACLU was concerned that the jail will be overwhelmed by the mass arrests anticipated during the convention in August and won’t be able to meet inmates’ needs for food, medical care, toilet facilities and attorneys, said Pendergrass.
The ACLU had asked that minor violations be handled with a summons or notice to appear in court, but police said current policy required officers to make full arrests, requiring detention in the city jail even for minor violations connected with the protests.
Denver Safety Manager Al LaCabe, who was named in the lawsuit, couldn’t be reached for comment Wednesday, but earlier said that the city believes it is important that anyone who is arrested is fully identified and processed. He also said parts of the policy manual couldn’t be turned over due to security reasons.
“We looked hard at the manual and we have given out portions of it without compromising security concerns,” Luis Corchado, of the City Attorney’s Office, said Wednesday.
Pendergrass said the public has a right to evaluate jail policies to determine whether Denver is prepared to avoid the problems New York City experienced during the 2004 Republican National Convention, when 1,500 arrests caused backlogs and problems with access to food, medicine and sanitary facilities.
The city jail was overwhelmed by just 80 arrests during last year’s Columbus Day protests, the ACLU said.
The settlement over jail policy is unrelated to a separate lawsuit in which the ACLU is demanding the city disclose how Denver is spending public money on police equipment for the convention. A hearing on that case is set for Tuesday.
City officials contend that releasing the information is contrary to the public interest because it could disclose important tactical information and jeopardize security.
But earlier this week, a company news release divulged that Denver police are stocking up on guns that fire balls of pepper spray to disperse crowds.
The city received a $50 million federal grant for convention security. The convention, scheduled for Aug. 25 to 28 at the Pepsi Center, is expected to draw thousands of protesters to sites throughout Denver.
Copyright 2008 Denver Publishing Company