Question
I am seeking records on a 911 report/timing and wondering what is covered under my First Amendment rights.
Answer
Unfortunately, “despite their historical treatment as public records (Ops. Att’y Gen. 97-233, 96-89, 93-152, 92-209, 90-576), the state First Circuit recently held that 911 tapes are protected under the ‘privileged communications between a health care provider and patient’ exception in the Public Records Act. Hill v. East Baton Rouge Parish Dep’t of Emergency Med. Servs., No. 2005 1236, 2005 La. App. LEXIS 2611 (La. App. 1st Cir. Dec. 22, 2005) (citing La. R.S. § 44:4.1(B)(5)).
In that case, the appellate court found that the dispatch communications center that received the 911 call was included in the statutory definition of a “health care provider.” It reasoned that the term included persons ‘reasonably believed to be such by the patient.’” See Open Government Guide, Access to Public Records and Meetings in Louisiana, Sixth Edition (2011), Section (IV)(N)(3).
In any event, you should probably submit a written request for the records or tapes that you seek.
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC 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.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.