Q: I have tried for over a year to get certain documents from the California Alcoholic Beverage Control (ABC) to no avail.
I have a lot of backstory and email exchanges. I also have a lot of experience through activism and advocacy regarding their policies and am asking relatively clear questions and requesting data I believe, beyond any doubt, that they have but are not giving me access to.
I am looking to go the next step and sue them for this information. It has significant value because their licensing and enforcement actions are both completely out of whack.
I will not immediately be able to support by joining since I am working to close a failed non-profit and start over. I have a lot of irons in the fire and will do so at the earliest opportunity however.
A: It appears that you are aware of your rights under the CPRA. You are correct that the only way to force the disclosure of a record under the CPRA is to file a lawsuit. If you do choose to sue to enforce your rights under the CPRA and prevail in the litigation, you would be entitled to your attorneys’ fees under Gov’t Code section 6259.
You may be able to find assistance, through the San Diego County Bar Association (www.sdcba.org) or one of the resources listed on the American Bar Association web site (http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm).
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.