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Asked and Answered

CPRA

CPRA request filled, but witnesses names were redacted

[…] would endanger the witnesses. I have now asked the Records Supervisor, the Police Chief, a Police Captain (when the Chief refused to talk with me), the County Human Rights Commission, the City Attorney and the City Council. All of whom declined to speak with me. It has now been more than six months and I stuck, […]

March 31, 2015
Asked and Answered

CPRA

Animal shelters deny CPRA request for names of rescue orgs we want to support

[…] information about the PRA, including a sample request letter, on the FAC’s website here: https://firstamendmentcoalition.org/cpra-primer-2023-update/ 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.

October 16, 2015
Asked and Answered

CPRA

Does the CPRA cover private entities that do work for government?

[…] from these departments are often excluded from public view due to the exemption.) 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.

March 6, 2014
Asked and Answered

CPRA

Records request denied due to ongoing investigation

[…] business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics," Gov't Code section 6252(e) -- are presumed to be open to the public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. The first question, therefore, is […]

June 5, 2010
Asked and Answered

First Amendment School Records

First Amendment rights on college campuses

[…] required a showing of "facts which might reasonably have led school authorities to forecast substantial disruption of or material interference with school activities." In a more recent example, school officials prohibited students from wearing American flag shirts during a school Cinco de Mayo, based on the assumption that the shirts would likely cause disruption […]

March 21, 2016
Asked and Answered

Brown Act

Is it a casual dinner or Brown Act violation?

[…] decisions in public, as well as give the public notice of any such meetings. Cal. Gov't Code section 54950, 54954.2(a). The Act covers "legislative bodies," which include commissions, committees, boards or other bodies of a local agency, "whether permanent or temporary, decision-making or advisory, created by charter, ordinance, resolution, or formal action of a […]

November 17, 2009
Asked and Answered

Brown Act

Can Local Government Hold Public Meetings in A Federal Building Where No Cameras Are Allowed?

[…] described. Bryan Cave Leighton Paisner 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. No attorney-client relationship has been formed by way of this response.

June 14, 2018
Asked and Answered

First Amendment

Right to photograph in public/private forums

We have been told by a small- community postmaster, and a higher-up in a regional office, that we cannot photograph the inside of the tiny lobby for a story about small community life. They say it is "our policy" but will cite no specific law. We've also asked for access behind the window to […]

June 14, 2009
Asked and Answered

CPRA

Public Comment on Public Contracts

[…] building to be sold and developed by a private developer--AND it is an official state historic resource) does not have to be revealed until the negotiations are complete, and if I read correctly there is time before the actual AWARD of the contract and the negotiation. Do you know what that time period is? […]

June 14, 2009
Asked and Answered

Brown Act

Filing a Vacancy by Closed Session Appointment

[…] PRA guarantees the public's right to inspect and obtain copies of documents collected or maintained by state of local agencies. The presumption is that such records are open, and that agencies can withhold them only if doing so is permitted by one of the exemptions set forth in the PRA. The PRA requires agencies […]

June 14, 2009