Federal court dismisses Article 74 and clarifies information-sharing rules

On July 17, the U.S. District Court dismissed Rowell v. Weiser for lack of standing. In reaching its decision, the court interpreted how Colorado’s Article 74 applies when local officers share information and cooperate with federal agencies for legitimate criminal law enforcement purposes.

The court concluded that Article 74 focuses on the purpose of the person sharing the information, not how the agency receiving it may later use it.

The court did not invalidate Article 74 or decide the plaintiffs’ separate claim that the law is unconstitutionally vague.

"We went to court to get a clear answer to a real question our law enforcement officers face every day, and we got one," said Mesa County Attorney Todd Starr. "The court has confirmed that our deputies may continue to do their jobs and cooperate with federal law enforcement on criminal matters, and that they are judged by their own lawful purpose in sharing information. That certainty is exactly what we asked for, and it is a good result for Mesa County and for public safety."

The Mesa County Sheriff’s Office will use the ruling, in consultation with legal counsel, to guide training and operations while continuing to comply with Colorado law.

"I appreciate the time and attention Judge Gallagher gave this case," Sheriff Todd Rowell said. "It is essential for local law enforcement to collaborate with federal law enforcement to keep our community safe. This ruling guides how we can do that while complying with Colorado law."