In a unanimous decision April 8, the court found that both the First Amendment and the state constitution "protect an individual's fundamental right to purchase books anonymously, free from governmental interference" and added that the use of a search warrant to learn which books a customer has purchased "implicates fundamental rights."

Since a raid on a trailer home in March 2000, police have tried to force the bookstore to turn over receipts for the purchase of the books. Cops say they found an envelope from the bookstore outside the trailer, which they said was being used as a methamphetamine laboratory.

"[W]e believe the Court's opinion sets an important precedent for readers, booksellers, and library patrons throughout the country, who can now look to Colorado for guidance when the First Amendment rights of readers collide with the desires of law enforcement," said Joyce Meskis, owner of the Tattered Cover, after the court ruling was handed down.

Chris Finan, president of the American Booksellers Foundation for Free Expression, said the decision "strongly affirms the fact that protecting the privacy of bookstore records is essential to preserve free speech." The foundation has supported the Tattered Cover's fight both financially and with amicus briefs.

This victory will have an impact on future battles against the U.S. government, which under the USA Patriot Act authorized the FBI to obtain an order from a "spy court" to force a bookstore to turn over records, documents, and other items. The act also prohibits anyone associated with the store from telling others they have received the order.

In a November 7 letter to American Booksellers Association members, Finan said the foundation is "deeply concerned by the potential chilling effort of court orders issued to booksellers under this new law."  
 
 
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