ACLJ Files Open Records Requests: Colorado Authorities Should Investigate Questionable Abortion Cases, Not Pro-Life Advocates

At the ACLJ, we stand on the front lines of the fight to protect life and defend the constitutional freedoms of every American. And when pro-life citizens tell us they’re being targeted or silenced, we act. That’s why we’ve filed three official records requests under the Colorado Open Records Act (CORA) and the Colorado Criminal Justice Records Act with the Colorado Bureau of Investigation, the Denver Police Department, and the Denver District Attorney’s Office.

These filings stem from our client’s belief that he – and other peaceful pro-life advocates – may not be fully protected by local authorities. In fact, they are being treated like suspects. And this concern is made worse by the behavior of Planned Parenthood personnel on the ground.

In Colorado, there is a statute that regulates speech-related conduct within 100 feet of the entrance to abortion clinics, which makes it unlawful for pro-life advocates to approach within eight feet of another person, without that person’s consent, to provide information related to abortion.

The Planned Parenthood in Denver, outside of which our client stands to protest abortion and to educate others about abortion, and its parking lot is surrounded by an eight-foot-tall fence with a black covering that blocks the Planned Parenthood from view. In an effort to still reach out to those visiting Planned Parenthood, our client and other advocates stand on the sidewalk outside the fence on chairs or ladders to hold up their signs and speak. They are all well outside the 100-foot buffer zone and, because of the fence, cannot approach within eight feet of anyone inside the parking lot.

Despite this, our client has reported that Planned Parenthood security guards have made threats against him and other pro-life advocates and issued false legal statements – claiming that their peaceful activities on the sidewalk outside Planned Parenthood are in violation of the buffer zone when, in fact, they are not and are fully protected under the Constitution. These efforts appear to be intended to intimidate pro-lifers into silence.

Given recent investigations into pro-life groups and advocates at the national level, there is a concern that local authorities may be responding to Planned Parenthood’s pressure – not by defending the rights of peaceful citizens but by investigating them. That’s why our records requests are so critical.

The request to the Denver District Attorney’s Office demands the release of:

• Communications from Planned Parenthood of the Rocky Mountains that mention Clifton Powell (our client) along with terms like “harassment,” “stalking,” or “domestic violent extremist” (DVE);
• Any internal or external communications referencing Powell;
• All records referencing Troy Newman and Operation Rescue, respected names in the pro-life movement.

We need to know if law enforcement officials – sworn to uphold the law and protect the rights of all – are being used as tools of intimidation against those who simply stand up for life.

Again, this local situation isn’t happening in a vacuum.

Just last week, our FOIA investigations exposed that the U.S. Army, under the Biden Administration, included peaceful pro-life individuals and groups in military training materials alongside terrorist organizations. Americans with “Choose Life” license plates were lumped in with extremists. It was a coordinated attempt to gaslight the public – and we exposed it.

Now we’re asking: Is the same mindset trickling down to local governments?

Moreover, the recent tragic incident involving the death of 18-year-old Alexis Arguello following a late-term abortion at a Colorado Planned Parenthood facility underscores the urgent need for scrutiny of this Planned Parenthood location. Reports indicate that Alexis suffered an amniotic fluid embolism – a known complication of late-term abortions – and was transferred to a hospital too late to receive lifesaving care. Disturbingly, testimony suggests that Planned Parenthood delayed calling an ambulance and instructed it to avoid using sirens, potentially compromising the urgency of the medical response.

This incident is not isolated. In another case, a woman experienced excessive bleeding after a procedure at a Denver Planned Parenthood. Despite the severity of her condition, public records related to the emergency response were denied, raising concerns about transparency and accountability. 

These cases highlight Planned Parenthood prioritizing itself and abortion over the well-being of women. Instead of targeting peaceful pro-life advocates who seek to offer support and alternatives to women, attention should be directed toward investigating these troubling incidents. Holding Planned Parenthood accountable for its actions is essential to truly protecting women and babies.

At the ACLJ, we will expose the truth, and we will not hesitate to pursue legal action to protect our clients and hold public officials accountable.