Proposed Lawsuit Claims Colorado Legislators Breached Open Records Act

A proposed lawsuit in Colorado alleges that leaders of a legislative caucus violated the state’s Open Records Act by denying a request for documents related to a controversial retreat in Vail. The Colorado Opportunity Caucus, comprising moderate Democrats, has faced scrutiny due to ethics complaints regarding its interactions with lobbyists during this gathering.

In October 2025, members of the caucus attended what they described as an “organization and educational retreat” at a luxury resort. Complaints filed by the pro-democracy organization, Common Cause Colorado, assert that legislators accepted payments for their expenses from a pro-business dark money group, One Main Street. This raises concerns about potential violations of state laws prohibiting elected officials from receiving gifts.

The lawsuit targets caucus leadership, specifically Chair Sen. Lindsey Daugherty of Arvada and Vice Chair Rep. Sean Camacho of Denver. It claims that they breached the Colorado Open Records Act (CORA) by refusing to provide a list of caucus members, records of retreat attendees, presentation materials, and financial details related to the event. The plaintiffs, including Denver resident Derrick Blanton, have stated they will pursue legal action in Denver District Court unless the requested documents are produced within 14 days of notification.

Blanton, described as a longtime progressive activist, submitted CORA requests to both legislators’ official emails. All requests were denied, with Daugherty and Camacho claiming they had no responsive records. In a statement, Daugherty asserted that the Opportunity Caucus adheres to Colorado’s open records laws and emphasized their commitment to public transparency. She noted that the caucus sought guidance from the nonpartisan Office of Legislative Legal Services to fulfill its obligations.

The complaint argues that Daugherty and Camacho are indeed the appropriate custodians for the requested records, pointing out that it is unlikely that the co-chairs of a caucus would not maintain essential documentation regarding their own activities and finances. The caucus leadership contends that it is not a government entity and that the retreat was conducted in a “private capacity,” a claim that contradicts statements made in response to the ethics complaints.

According to the lawsuit, the records sought are public documents because the Opportunity Caucus functions as a “de facto policy-making body of the General Assembly,” thus qualifying as part of the state government. As the legal battle unfolds, the outcome could have significant implications for transparency and accountability within Colorado’s legislative processes.

The proposed lawsuit seeks a judicial ruling that would declare the denial of Blanton’s requests as a violation of the Colorado Open Records Act, obligating the defendants to disclose the requested information. This case underscores the ongoing tension between legislative privacy and public accountability, raising questions about the influence of special interests in political processes.