The Tattered Cover Book Store is considering an appeal of a decision announced Friday that narrowed the scope of a search warrant seeking the titles of books purchased by one of its customers. The decision was issued by Denver District Court Judge J. Stephen Phillips following a hearing in the case earlier in the week.

Phillips ruled that the police were not entitled to a list of all the titles purchased by the customer over a one-month period. However, he upheld their right to discover the contents of a Tattered Cover envelope that was found in the suspect's trash and that may have contained two books on the manufacture of methamphetamine. The books were found at the site of an illegal methamphetamine laboratory. 

Joyce Meskis, the owner of the Tattered Cover, said that protecting the privacy of her customer's book purchase records was crucial. "We decided to fight this search warrant because we believe that warrants and subpoenas that seek information about book purchases have a potential chilling effect, making our customers afraid that we will violate their privacy," she said. "It is a serious threat to free speech because it makes people afraid to buy books on controversial topics and sensitive matters like sexuality and health."

Meskis said the court had recognized the danger to free speech when it narrowed the scope of the information sought by the search warrant. However, she believes that even turning over the information the judge has demanded would be damaging. She also contends that the police can discover the information they are seeking without forcing her to violate her customer's privacy. During the hearing, lawyers for the Tattered Cover argued that the police had not interviewed several witnesses who might have told them what they wanted to know.

The Tattered Cover has 15 days to decide whether to appeal.

ABFFE is supporting the Tattered Cover. As in the Kramerbooks case two and a half years ago, ABFFE filed an amicus brief on behalf of the bookstore's right to protect the privacy of its records. It is also contributing toward the bookstore's legal costs.

Previously in ABFFE Update