After work on a rainy Tuesday, over 200 people lined up at Denver Police headquarters to see if law enforcement had been keeping a file with their name on it.

Tuesday was the first day that “spy files” (so-called intelligence files kept on people engaged in First Amendment activities) were made available to the public. Organizers claim that, in contrast to opinions expressed by city officials, today’s turnout clearly demonstrates that residents across the front range are concerned about unconstitutional intelligence gathering by Denver Police.

But it remains unclear whether city officials will respond to citizen calls for police accountability.

“So far, the people who are responsible for spying on law-abiding Denver area residents haven’t been identified or held accountable for their actions,” according to Mark Cohen, an area organizer who appeared today to see if Denver police were monitoring his First Amendment activities.

When the existence of the “spy files” was first made public by the Colorado ACLU in March, Denver Mayor Wellington Webb appointed a judicial committee to review city policy on intelligence gathering. The committee later reported that a software glitch was responsible for transferring non-criminal data into criminal intelligence files. “But,” countered Cohen, “software didn’t show up to take pictures of license plates, or videotape peacefully assembled residents exercising their rights under the United States Constitution.”

Mayor Webb admitted that Denver police had strayed from written city policy by gathering evidence and maintaining files on 3200 individuals and 208 organizations. Denver police policies do not allow intelligence gathering unless there is reasonable suspicion that individuals are involved in criminal activity, and prohibits keeping files on First Amendment activities unless the information is directly related to criminal activity.

Cohen also noted that even after the “spy files” were made public, and the Mayor instructed police to abide by written city policy, police continue to video tape and photograph individuals attending peaceful demonstrations. Cohen and others are pressing for Denver’s elected representatives to create a citizen review board, with a budget that will enable an effective oversight of unlawful police activities. They are also calling for a review board that will have real authority to hold those responsible for unlawful activities accountable.

The American Civil Liberties Union Foundation of Colorado (ACLU) is pursuing a class action lawsuit, contesting the constitutionality of the Denver Police Department's practice of monitoring and recording the peaceful protest activities of Denver-area residents, maintaining files on the first amendment activities of advocacy organizations with no criminal record, and sharing these files with third parties. According to press releases, the ACLU suit also charges that Denver police have falsely labeled the ACLU's clients as "criminal extremist," including the American Friends Service Committee, an 85-year-old pacifist Quaker group that has won the Nobel Peace Prize for its advocacy of nonviolent social change; and Sister Antonia Anthony, a 73-year-old Franciscan nun whose opinions and lawful protest activity are documented in police files.

Charleen Ramirez-Mares waited in line for over two hours to see if files were kept on Movimiento Estudiantil Chicano de Aztlan, a national student-led organization with an active chapter in the Denver area. Ramirez-Mares said she was concerned that this illegal police activity might discourage some from exercising their first amendment rights. “This is something you’re supposed to be able to do in this country.” Movimiento Estudiantil Chicano de Aztlan advocates for chicano students’ civil rights, and has demonstrated in support of indigenous rights in Chiapas, and in solidarity with striking students seeking access to higher education in Mexico.

When asked if “spy files” would stop groups like hers from actively pursuing their mission, Ramirez-Mares shook her head. “This just confirms what we already knew was happening. You know they’re watching you at rallies and demonstrations. We’re not scared of the police.”

Like many concerned Denver area residents, Ramirez-Mares says she will continue to demonstrate to convey her organization’s message, and their physical power in the streets, no matter what intimidation and control tactics today’s authorities choose to employ.