Colorado HB 21-1250: How Three Years of Advocacy Created America's First Statewide Media Access Law
Colorado's path to HB 21-1250 wasn't easy. It took three consecutive legislative sessions before transparency advocates finally succeeded. But in 2021, Colorado became the first state in America to require police agencies that encrypt their radios to create policies for media access - a template now being studied by legislators nationwide.
Key Facts at a Glance
How It Started: The Colorado Encryption Wave
Colorado journalists faced a growing crisis as police agencies across the state encrypted their radio communications:
- Aurora Police (2016): One of the first major Colorado agencies to go fully encrypted
- Denver Police (2019): The state's largest city blocked public scanner access
- 30+ agencies: By 2021, more than 30 law enforcement agencies in Colorado had encrypted their dispatch communications
The Impact on Journalism
Denver Post reporter Elise Schmelzer documented the impact: "Sometimes we were an hour late to the scene, or more." Without scanner access, journalists depend entirely on official police notifications - meaning the public only gets the official version of events.
The Three-Year Fight
Colorado's legislative victory didn't come easily. Advocates faced multiple setbacks before success.
First bill introduced to limit police radio encryption - killed in committee
Second attempt fails; Denver Police encrypt radio communications
Third bill killed despite growing media coalition support
Rep. Kevin Van Winkle introduces amendment to HB 21-1250 - passes!
Governor signs HB 21-1250 with radio encryption provisions into law
What the Law Requires
HB 21-1250's encryption provisions created specific requirements for Colorado law enforcement:
Written Policy Required
Any agency that fully encrypts radio transmissions must create a written policy for allowing news media access to primary dispatch channels.
Media Input Mandated
Before enacting a policy, agencies must seek input from Colorado media members - ensuring journalists have a voice in the process.
Equipment Access
Policies may include provisions for providing radio receivers or scanners to credentialed media through formal agreements.
Credential Verification
Agencies may verify media credentials, but cannot unreasonably restrict access to working journalists.
"The amendment to HB 21-1250 directs government entities that fully encrypt their radio communications to enact policies for allowing news media access to unencrypted radio transmissions."
- Colorado Freedom of Information CoalitionThe Coalition That Won
Success required a broad coalition of media organizations and transparency advocates:
Colorado Broadcasters Association
CBA President Justin Sasso led sustained advocacy, working with legislators across party lines to build support for the encryption amendment.
Colorado Freedom of Information Coalition
CFOIC provided research, tracked legislative progress, and documented the impact of encryption on journalism statewide.
Bipartisan Legislative Support
Republican Rep. Kevin Van Winkle sponsored the key amendment, demonstrating that transparency is not a partisan issue.
Why This Victory Matters Nationally
Colorado's law created a template that other states are now studying:
First-Mover Advantage
As the first state to pass such legislation, Colorado proved it's politically possible to require media access policies despite law enforcement opposition.
Model Language
The law's specific requirements - written policies, media input, equipment provisions - provide concrete language other states can adapt.
Bipartisan Path
The amendment came from a Republican legislator and passed with bipartisan support, showing transparency can unite political parties.
Persistence Pays
After failures in 2018, 2019, and 2020, success came in 2021. This three-year timeline offers realistic expectations for advocates elsewhere.
Coalition Essential
The Colorado Broadcasters Association's sustained engagement was critical. Media organizations must invest in long-term advocacy.
Accountability Framing
By attaching the amendment to a larger police accountability bill (HB 21-1250), advocates connected radio access to broader transparency concerns.
Implementation Challenges
Despite the legislative victory, implementation has faced significant obstacles that other states should anticipate:
Indemnification Barriers
Denver and Aurora require news organizations to sign agreements with indemnification clauses, creating legal liability that many outlets find unacceptable.
No Agreements Reached
A year after the law passed, no Denver-area news organizations had successfully reached agreements with major police departments.
Auditor Clause Conflicts
Denver's proposed agreements include provisions that news organizations say restrict their ability to report transparently.
"We were excited to finally bring our media members and law enforcement to the table for a collaborative planning process. Instead, we've been met with stonewalling, finger pointing and runaround tactics for over a year."
- Justin Sasso, Colorado Broadcasters Association President and CEOLessons from Implementation Challenges
Colorado's post-passage experience offers critical lessons for states considering similar legislation:
Include Enforcement Mechanisms
Colorado's law lacks penalties for non-compliance. Future legislation should include consequences for agencies that fail to reach agreements.
Limit Indemnification
Explicitly prohibit or limit indemnification clauses that create barriers to media access agreements.
Set Timelines
Require agreements to be reached within specific timeframes, with fallback provisions if negotiations fail.
Replicate This in Your State
Use Colorado's experience - both successes and challenges - to advocate for similar legislation:
Study the Language
Review HB 21-1250's encryption provisions on the Colorado General Assembly website. Adapt the language to your state's legal framework.
Build Coalition First
Colorado's success required multiple media organizations working together. Start building your coalition before approaching legislators.
Find Bipartisan Sponsors
Rep. Van Winkle's Republican sponsorship was crucial. Find legislators across party lines who value transparency.
Add Enforcement Teeth
Learn from Colorado's implementation challenges. Include penalties for non-compliance and limits on indemnification clauses.
Connect to Accountability
Colorado attached radio access to broader police accountability legislation. Frame your bill as part of larger transparency efforts.
Plan for Multi-Year Effort
Colorado took three legislative sessions. Set realistic expectations and maintain coalition commitment for the long haul.
The Broader Movement
Colorado's victory has influenced legislative efforts in other states:
California SB 719
California's Law Enforcement Communications Transparency Act closely resembles Colorado's HB 21-1250, drawing on its framework.
New York Local Law 46
NYC's landmark press access legislation built on lessons from Colorado's experience, with stronger enforcement provisions.
National Model
Organizations like RTDNA cite Colorado's law when advising state press associations on legislative strategy.
Sources
Use This Playbook
Colorado's legislative path shows what's possible. Here are the guides to replicate this success.
Take Action for Transparency
Your voice matters. Here are concrete ways to advocate for open police communications in your community.
Contact Your Representatives
Use our templates to email your local officials about police radio encryption policies.
Get StartedRead Case Studies
See how encryption has affected real communities - from Highland Park to Chicago.
View CasesSpread Awareness
Share evidence about police radio encryption with your network and community.
Public Testimony
Learn how to speak effectively at city council and public safety meetings.
Prepare to Speak