Maria’s Bookshop Sues Durango Over Police Warrant for Customer Records

Maria’s Bookshop, an independent bookstore in Durango, Colorado, has filed a lawsuit against the city of Durango, claiming violations of constitutional rights after a police detective sought access to customer purchase records. The lawsuit, filed last week, argues that the warrant issued by the Durango Police Department (DPD) infringes on both the U.S. Constitution and the Colorado Constitution, particularly concerning free speech and privacy rights.

The Durango Herald

The conflict began in January when DPD detective Sydney Walters requested the purchase history of several customers. After the bookstore declined to provide this information, Walters returned with a warrant demanding records for four individuals. Maria’s Bookshop refused to comply, leading to the current legal action aimed at blocking the enforcement of the warrant.

The Durango Herald

The legal foundation for Maria’s Bookshop’s case is rooted in a precedent established by the Colorado Supreme Court in 2002 during the Tattered Cover bookstore case. In that instance, the court ruled that law enforcement must demonstrate a compelling interest to access bookstore customer records and must do so through a process that allows the bookstore to contest the request. The current lawsuit contends that the warrant issued to Maria’s Bookshop did not adhere to these requirements, as the supporting affidavit and details of the investigation were not disclosed to the bookstore.

The Durango Herald

Chris Beall, a First Amendment lawyer representing Maria’s Bookshop, emphasized the implications of the warrant, stating, “It is not a crime to read a book,” and highlighting the potential infringement on individual freedoms and privacy.

The Durango Herald

Maria’s Bookshop maintains a strict policy of not sharing customer records with anyone except the customers themselves, and all employees are trained on this policy. Owner Evan Schertz noted that the store was prepared to respond to the police request, reflecting a commitment to customer privacy.

The Durango Herald

This legal battle is part of a larger national movement advocating for reader privacy, with Maria’s Bookshop being a member of the American Booksellers Association. The association's free-expression arm, American Booksellers for Free Expression, was established in response to concerns raised by the Patriot Act and focuses on defending the rights of readers.

The Durango Herald

While the city of Durango initially declined to comment on the lawsuit, City Attorney Mark Morgan later issued a statement, maintaining a policy against discussing ongoing litigation. The lawsuit seeks to have the court declare the warrant null and void and to relieve the bookstore from compliance, as well as to require the city to cover legal fees.

The Durango Herald

• “I want every customer who shops at Maria's Bookshop to know that what they buy and what they read is their private information,” — Evan Schertz, Owner of Maria’s Bookshop

The Durango Herald

• “The notion that the government is entitled to know what books you’ve ordered – what books you’ve walked out the store with – is a pretty substantial infringement on your freedoms, your privacy, your ability to have a sort of intellectual life of your own.” — Chris Beall, First Amendment Lawyer

The Durango Herald

• “I’m very pleased that the bookstore wants to take this case and stand up for other people’s rights,” — Chris Beall, First Amendment Lawyer

The Durango Herald

This case will ultimately hinge on whether the police can demonstrate that their interest in accessing customer records outweighs the substantial First Amendment rights of the bookstore's customers.

The Durango Herald