Colorado Laws on Recording in Public: Rights, Limits, and Exceptions

Colorado permits recording in public places under the First Amendment. No state law requires consent or notification to film or photograph in public spaces. For audio, Colorado's one-party consent law under C.R.S. 18-9-303 allows you to record any conversation you participate in, regardless of location.

Quick Answer

You can record in public places in Colorado. There is no state law prohibiting photography, video recording, or audio recording in public spaces where people have no reasonable expectation of privacy. Colorado's one-party consent framework under C.R.S. 18-9-303 and C.R.S. 18-9-304 further protects your right to record conversations you participate in, and C.R.S. 16-3-311 specifically protects recording police.

Your Right to Record in Public Spaces

The Legal Foundation

Colorado law does not require consent or notification to record in public spaces. The legal basis rests on the principle that there is no reasonable expectation of privacy in public. When you walk down a public street, sit in a park, or attend a public event, your visible activities and audible statements are not protected from observation or recording.

This principle applies to:

• Video recording: Filming people, buildings, vehicles, and activities visible from public spaces
• Photography: Taking photographs of anything visible from a public vantage point
• Audio recording: Capturing sounds and conversations audible to the general public
• Live streaming: Broadcasting real-time video and audio from public locations

First Amendment Protections

Recording in public is protected by the First Amendment to the U.S. Constitution. In Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. Jul. 11, 2022), the Tenth Circuit clearly established that recording police performing their public duties is a constitutionally protected First Amendment right as of May 26, 2019. Earlier, Frasier v. Evans, 992 F.3d 1003 (10th Cir. 2021), had declined to clearly establish the right for conduct before that date. Together, these decisions mean officers in Colorado who violate the right to record after May 2019 cannot claim qualified immunity in a federal civil rights suit. More broadly, the Tenth Circuit has recognized that recording government officials and events of public interest constitutes protected speech. This protection extends to:

• Recording police officers performing their duties
• Filming public officials conducting government business
• Documenting protests, demonstrations, and rallies
• Journalism and news gathering activities
• Citizen journalism and social media reporting

Where You Can Record

Public spaces where recording is freely permitted in Colorado include:

• Public streets, sidewalks, and crosswalks
• City and state parks
• Public plazas and town squares
• Public transportation stations, bus stops, and platforms
• Government building exteriors and publicly accessible interiors
• Public beaches and recreation areas
• Fairgrounds during public events
• University and college campuses (in outdoor public areas)

Recording Government Meetings

Colorado Open Meetings Law

Colorado's Open Meetings Law, also known as the Sunshine Law (C.R.S. 24-6-402), requires that meetings of state and local public bodies be open to the public. The Colorado Division of Local Government provides guidance on open meetings requirements.

You can generally record at:

• City council meetings
• County commissioner meetings
• School board meetings
• Public hearings and zoning meetings
• State legislative committee hearings
• Special district board meetings
• Any meeting of a body that exercises governmental authority

Recording Rules for Government Meetings

While the Open Meetings Law guarantees public access, meeting chairs may establish reasonable time, place, and manner restrictions on recording. These restrictions must be:

• Content-neutral (they cannot target specific viewpoints or speakers)
• Narrowly tailored to serve a significant government interest
• Leave open alternative channels of communication

Acceptable restrictions might include:

• Requiring cameras to be set up before the meeting begins
• Designating a specific area for recording equipment
• Prohibiting flash photography that disrupts proceedings
• Requiring silent operation of recording devices

Unacceptable restrictions would include:

• Banning all recording devices from the meeting room
• Requiring advance permission to record
• Allowing only credentialed media to record
• Prohibiting recording of specific agenda items

Executive Sessions

Colorado's Open Meetings Law allows public bodies to enter executive (closed) sessions for specific purposes outlined in C.R.S. 24-6-402(4). These include discussions of personnel matters, attorney-client privileged communications, real estate negotiations, and security arrangements. You cannot record executive sessions.

Recording on Private Property Open to the Public

The Private Property Distinction

Businesses, shopping malls, restaurants, and other private properties open to the public are not "public spaces" in the legal sense. The property owner retains the right to set rules about recording on their premises.

This means:

• A store can prohibit photography or video recording inside its premises
• A restaurant can ask you to stop recording
• A shopping mall can establish and enforce no-recording policies
• A concert venue can ban recording during performances

If you refuse to comply with a private property owner's recording restrictions, you can be asked to leave. Refusing to leave after being asked constitutes criminal trespass under C.R.S. 18-4-504.

Businesses That Record Customers

Many businesses in Colorado record customers through security cameras. This is legal in publicly accessible areas of the business. However, businesses cannot place cameras in areas where customers have a reasonable expectation of privacy, such as:

• Restrooms
• Fitting rooms and dressing rooms
• Private consultation rooms

For security camera specifics, see our Colorado Security Camera Laws page.

Audio Recording in Public

One-Party Consent in Public Settings

Colorado's one-party consent law applies to audio recording regardless of the setting. In public, this means:

• You can record conversations you participate in, even on a busy street
• You can record conversations that are audible to the general public (no reasonable expectation of privacy)
• You cannot use electronic amplification devices to capture private conversations occurring at a distance

The Reasonable Expectation of Privacy Standard

Whether someone has a reasonable expectation of privacy in a public space depends on the circumstances:

No expectation of privacy (recording is legal):

• Two people talking at normal volume on a park bench
• A speaker addressing a crowd at a rally
• A customer complaining loudly at a store counter
• A person shouting into a phone on a sidewalk

Possible expectation of privacy (recording may be problematic):

• Two people whispering in a secluded corner of a public park
• A private conversation in a restaurant booth with reasonable measures to keep it private
• A conversation in a public restroom

The key factor is whether the speakers took reasonable steps to maintain privacy and whether an ordinary person in that situation would expect their conversation to remain private.

Recording at Protests and Public Demonstrations

Your Rights at Protests

Colorado has a long history of public protests and demonstrations. Your right to record at these events is protected by both the First Amendment and Colorado statute:

• You can record police actions during protests from any lawful vantage point
• You can record other protesters, counter-protesters, and bystanders in public
• You can live stream protest activities to social media
• Journalists and citizen journalists have the same recording rights as other members of the public

If Police Order Dispersal

If police declare an unlawful assembly and order the crowd to disperse:

• You must comply with the dispersal order
• You can continue recording as you leave the area
• Police cannot order you to stop recording as a condition of leaving
• If you are arrested, your recording device is protected under C.R.S. 16-3-311

For more on recording police, see our Colorado Laws on Recording Police page.

Recording in Specific Public Settings

Public Transportation

Colorado's Regional Transportation District (RTD) operates buses and light rail in the Denver metro area. RTD vehicles are equipped with security cameras and audio recording equipment. Passengers can also record on public transit:

• You can record fellow passengers and interactions with transit workers
• One-party consent applies to conversations you participate in
• Recording other passengers' private conversations without participating may raise eavesdropping concerns under C.R.S. 18-9-304

Courthouses

Recording inside Colorado courthouses is subject to specific rules. The Colorado Judicial Branch establishes policies for recording in courtrooms:

• Each judicial district may set its own rules about cameras and recording in courtrooms
• Generally, recording requires advance permission from the presiding judge
• Recording in courthouse hallways and public areas may be permitted but is often restricted
• Audio recording of your own conversations in public courthouse areas follows one-party consent rules

Libraries, Museums, and Public Facilities

Publicly funded facilities like libraries and museums are generally considered public spaces, but they may establish reasonable recording policies:

• Libraries may restrict recording to protect patron privacy
• Museums may prohibit photography of certain exhibits due to copyright or preservation concerns
• Community centers and recreation facilities may restrict recording in certain areas

These restrictions are property-based rules, not criminal laws. Violating them may result in being asked to leave, not criminal charges.

Drones and Aerial Recording

Drones add a vertical dimension to public recording. Colorado does not have a comprehensive state drone law, but several rules apply:

• FAA regulations govern drone operation in national airspace
• Local ordinances in many Colorado cities regulate drone use
• Recording from a drone in public airspace is generally legal, similar to recording from any public vantage point
• Using a drone to record into private spaces (through windows, over privacy fences into backyards) may violate privacy laws including C.R.S. 18-7-801
• C.R.S. 18-9-118 makes it unlawful to operate a drone near a wildfire, emergency, or emergency personnel

Limits on Public Recording

Harassment

Recording someone in public can cross the line into harassment under C.R.S. 18-9-111 if the recording is done in a manner intended to harass, annoy, or alarm. Following someone while recording them, recording someone repeatedly after being asked to stop, or using recording as a tool of intimidation could constitute harassment.

Stalking

Using recording as part of a pattern of behavior intended to cause a reasonable person to feel frightened, threatened, or intimidated may constitute stalking under C.R.S. 18-3-602. Stalking through repeated surveillance or recording is a serious criminal offense.

Interference with Emergency Operations

Recording at emergency scenes is legal, but physically interfering with emergency operations is not. Keep a safe distance from fire scenes, accident scenes, and medical emergencies. First responders can establish perimeters for safety, and you must stay outside those perimeters.

School Grounds

Recording on public school grounds may be restricted during school hours for student safety reasons. See our Colorado School Recording Laws page for details.

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