COLORADO ACTIVIST PLAYBOOK

Colorado Action Guide

Defend the Model. Strengthen the Law. Fight Local Encryption.

Colorado passed HB21-1250, the first statewide law requiring media access to encrypted police communications. But Denver and Aurora are encrypted, and the law needs strengthening. This guide shows you how to defend Colorado's national leadership while fighting local encryption.

Colorado's Encryption Landscape

Leading on legislation, lagging on implementation

Colorado made history in 2021 by passing HB21-1250, the first statewide law requiring law enforcement agencies to create policies for media access to encrypted radio communications. The law requires agencies that encrypt to provide credentialed journalists with access within 30 days of request.

Yet implementation has been uneven. Denver Police went fully encrypted in 2022, creating information blackouts during the Marshall Fire and school lockdowns. Aurora, Colorado Springs, and other Front Range agencies are encrypted or considering it. The law provides a framework, but enforcement remains unclear.

HB21-1250 First Statewide Media Access Law
Denver Major Agency Fully Encrypted
2022 Marshall Fire Information Blackout

Key Colorado Encryption Timeline

Jun 2021 HB21-1250 signed into law by Governor Polis - first statewide media access requirement
2022 Denver Police Department completes full encryption rollout
Dec 2021 Marshall Fire: 1,000+ homes destroyed, journalists scramble without scanner access
2023-Present Aurora, Colorado Springs, and suburban agencies continue encryption adoption
Ongoing Media organizations work to enforce HB21-1250 access provisions

HB21-1250: The Model Legislation

Colorado's law that other states are copying

HB21-1250: Law Enforcement Radio Communication Policy

Enacted - Needs Strengthening

What HB21-1250 Requires

  • Agencies encrypting must adopt written policies for media access
  • Credentialed journalists can request access to encrypted communications
  • Agencies must respond to media access requests within 30 days
  • Policies must balance public safety with First Amendment considerations
  • Law applies to all state and local law enforcement agencies

Why Strengthening Is Needed

  • No enforcement mechanism: Agencies can deny access without consequence
  • Vague "credentialed journalist" definition: Some agencies interpret narrowly
  • No penalties: Non-compliance carries no sanctions
  • No public access: Only media covered, not general public
  • Implementation varies: Some agencies more cooperative than others

How to Strengthen HB21-1250

1
Document Compliance Issues

Track agencies that deny or delay media access requests. Build evidence for legislative reform.

2
Contact Colorado Press Association

CPA lobbied for HB21-1250 and monitors implementation. Report access denials to them.

3
Push for Amendment Bills

Work with state legislators to add enforcement mechanisms and expand access provisions.

4
Share Colorado's Model

Other states are watching Colorado. Success here strengthens movements nationwide.

Key Colorado Contacts

The people who can make change happen

State Legislature

Your State Senator & Representative

Your Elected Officials

Why Contact: State legislators can introduce bills to strengthen HB21-1250 with enforcement mechanisms and expanded access.

Ask: "Will you sponsor legislation to add enforcement mechanisms to HB21-1250? The current law lacks penalties for agencies that deny media access."

House & Senate Judiciary Committees

Key Gatekeepers

Why Contact: Law enforcement bills typically go through Judiciary. Building support here is critical for any HB21-1250 amendments.

Denver City Government

Denver Department of Public Safety

Oversees Denver PD

Why Contact: DPS sets policy for Denver Police. File CORA requests here for encryption decisions and media access policies.

Denver Office of the Independent Monitor

Police Oversight

Why Contact: OIM provides civilian oversight of Denver Police. They can advocate for transparency in encryption policies.

Media & Press Organizations

Colorado Broadcasters Association

TV/Radio News Ally

Why Contact: Represents Colorado TV and radio stations that depend on scanner access. Can coordinate broadcast coverage of your campaign.

ACLU of Colorado

Civil Liberties Ally

Why Contact: The ACLU has supported transparency legislation and can provide legal expertise or coalition credibility.

Colorado Open Records Act (CORA) Requests

Colorado's strong public records law supports transparency

The Colorado Open Records Act (C.R.S. 24-72-201 et seq.) provides robust public access rights. Agencies must respond within three business days and can charge only actual costs for records. CORA is your tool for documenting encryption decisions and compliance with HB21-1250.

Colorado-Specific CORA Templates

Template 1: Scanner Harm Documentation

Purpose: Prove there's no evidence scanner access has harmed officers

Pursuant to the Colorado Open Records Act (C.R.S. 24-72-201 et seq.), I request copies of the following records:

  1. All documented incidents, reports, or investigations where public access to police radio scanner communications resulted in:
    • Injury or harm to any officer or personnel
    • Compromise of any tactical operation
    • Flight or escape of any suspect
    • Interference with any emergency response
    for the period January 1, 2015 through present.

If no responsive records exist, please provide written confirmation of that fact.

I request these records in electronic format to minimize costs.

Template 2: HB21-1250 Compliance

Purpose: Document agency compliance with the media access law

Pursuant to the Colorado Open Records Act (C.R.S. 24-72-201 et seq.), I request copies of the following records:

  1. The agency's written policy for media access to encrypted radio communications as required by HB21-1250.
  2. All requests for media access to encrypted communications received since June 2021, and the agency's response to each request.
  3. Any denials of media access requests and the stated reasons for denial.
  4. Any correspondence with the Colorado Press Association or other media organizations regarding encryption access.

Template 3: Encryption Costs

Purpose: Document the cost of encryption for taxpayers

Pursuant to the Colorado Open Records Act (C.R.S. 24-72-201 et seq.), I request copies of the following records:

  1. All vendor proposals, quotes, and contracts for police radio encryption systems.
  2. Total expenditures for encryption implementation, including equipment, software, training, and ongoing maintenance.
  3. Budget line items related to radio communications upgrades for fiscal years 2019-present.
  4. Any cost-benefit analyses comparing full encryption to hybrid alternatives.

Colorado CORA Tips

  • 3-day response: Agencies must respond within three working days, though they may request an extension
  • Actual costs only: Agencies can only charge actual costs of providing records, not search time
  • Electronic preferred: Request records in electronic format to minimize or eliminate costs
  • Appeal denials: If denied, you can appeal to district court within 14 days
  • Attorney fees: If you prevail in court, agency may be required to pay your attorney fees

Wildfire Response Context

Why scanner access matters in fire country

Marshall Fire: The Case Study

On December 30, 2021, the Marshall Fire destroyed over 1,000 homes in Boulder County, becoming Colorado's most destructive wildfire. With Denver PD and surrounding agencies encrypted, journalists and residents struggled to get real-time evacuation information.

  • 1,000+ structures destroyed in hours
  • Fire spread driven by 100+ mph winds
  • Residents reported confusion about evacuation routes
  • Journalists unable to monitor police coordination in real-time
  • Social media filled information vacuum with rumors

Why Wildfire Changes the Argument

Colorado's wildfire risk makes encryption particularly dangerous. When fires spread faster than official notification systems, scanner access becomes a life-safety issue.

Key Arguments for Colorado

  • Speed: Wildfires move faster than official alerts; scanners provide real-time information
  • Evacuation: Parents monitor scanner for school evacuations during fire season
  • Resource coordination: Understanding where resources are deployed helps communities prepare
  • Volunteer coordination: Amateur radio operators and volunteer firefighters need situational awareness
  • Tourism: Visitors lack established notification systems; scanner apps fill the gap

Sample Testimony: Wildfire Context

"During the Marshall Fire, over 1,000 Colorado families lost their homes in a matter of hours. With police radios encrypted, journalists couldn't report real-time evacuation routes. Families were left guessing which roads were safe.

In fire country, minutes matter. Encryption doesn't just affect journalism—it affects survival. When a crown fire is racing toward your neighborhood at 100 miles per hour, you need every source of information available.

Colorado passed HB21-1250 because we recognized that public access matters. But we need to strengthen this law and hold agencies accountable for providing media access. Our wildfire-prone communities deserve better."

Local Actions: City & County Government

State law sets the floor. Push local governments to go further.

City Council Engagement

Denver, Aurora, Colorado Springs, and other encrypted cities can be pressured to improve access beyond HB21-1250 minimums.

Template: Request for Council Agenda Item

Dear [COUNCIL MEMBER NAME],

I am writing to request that you agendize a public discussion of [CITY NAME] Police Department's radio encryption policy and compliance with HB21-1250.

Specifically, I request the Council consider:

  • How many media access requests has [CITY PD] received under HB21-1250?
  • How many requests were granted vs. denied?
  • What is the average response time for access requests?
  • Does [CITY] offer any public access beyond the media provisions?

The Marshall Fire demonstrated why encryption affects public safety. I urge the Council to ensure [CITY] exceeds minimum compliance and serves as a model for transparency.

Respectfully,
[YOUR NAME]
[YOUR ADDRESS]
[PHONE/EMAIL]

County Commissioner Engagement

Many Colorado sheriff's offices are county-controlled. County commissioners can influence encryption policies for unincorporated areas.

Key Questions for County Government

  • "What is the county sheriff's policy for HB21-1250 compliance?"
  • "How does encryption affect coordination with fire districts during wildfire response?"
  • "What documented incidents justified the encryption decision?"
  • "Has the county considered hybrid alternatives that keep dispatch open?"
  • "How much taxpayer money was spent on encryption equipment?"

County Meeting Tips

  • Attend commissioner meetings: Most allow public comment on any topic
  • Focus on wildfire: Rural counties understand fire risk; lead with safety arguments
  • Bring cost data: County budgets are tight; question encryption spending
  • Coalition with fire districts: Fire chiefs often oppose encryption for interoperability reasons

Take Action Now

Five concrete steps to defend and strengthen Colorado's transparency leadership

1

File a CORA Request

Start with the scanner harm documentation request. Most agencies will respond with "no records found"—your most powerful evidence.

Download CORA templates
2

Contact Your State Legislator

Ask them to sponsor legislation adding enforcement mechanisms to HB21-1250. The current law lacks teeth.

Find your legislator
3

Report Access Denials

If you're a journalist denied access under HB21-1250, report it to the Colorado Press Association immediately.

Contact CPA
4

Attend Local Government Meetings

Denver City Council, Aurora City Council, county commissioners—show up and ask questions about encryption and HB21-1250 compliance.

Testimony guide
5

Build a Coalition

Connect with journalists, fire department officials, amateur radio operators, and community organizations who share concerns about encryption.

Coalition playbook

Take Action for Transparency

Your voice matters. Here are concrete ways to advocate for open police communications in your community.

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Contact Your Representatives

Use our templates to email your local officials about police radio encryption policies.

Get Started
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Read Case Studies

See how encryption has affected real communities - from Highland Park to Chicago.

View Cases
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Spread Awareness

Share evidence about police radio encryption with your network and community.

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See the Evidence

Review the facts, myths, and research on police radio encryption.

View Evidence
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Public Testimony

Learn how to speak effectively at city council and public safety meetings.

Prepare to Speak
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Download Resources

Get FOIA templates, talking points, and materials for advocacy.

Access Toolkit