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Asked and Answered

Brown Act

Is holding a public meeting inside a gated community a violation of California’s Brown Act?

[…] inside a gated community. The POA claims they will allow public access. However, the public would have to drive into the community and be stopped and questioned by a private POA security guard at the gates. Vehicle registration and a valid driver's license are usually required. Is this a possible violation of the Brown Act?

April 28, 2021
Asked and Answered

Court Records

Is It Legal to Publish Personal Information Found in Court Documents?

[…] respect to a person’s home address, even that of a public figure – or, possibly, especially that of a public figure if that information likely could, for example, lead to a break-in of the public figure’s property, or even a physical altercation at that location (it may depend, for example, on how foreseeable an […]

April 21, 2022
Asked and Answered

CPRA School Records

Many Colleges Denying My CPRA Request for Title IX Report

I've run into trouble with a CPRA request I submitted. I requested Title IX investigations reports from every college in California. Several community colleges are denying my request using FERPA, which the US DoE said does not apply to investigation reports in a Dear Colleague letter. Other schools are charging absurd amounts of money […]

November 7, 2018
Asked and Answered

Newsgathering

What Are Newsgathers’ Rights Regarding Private Homes Involved in Major Wildfire Area?

I got a question about legal right (protected by First Amendment or any other Constitutional law) for our reporter here in California to gather news (pictures, videos) being on the private property during a recent major wildfire. We have all permissions from local authorities to gather news in a nearby burned out town (they […]

January 7, 2020
Asked and Answered

First Amendment

What Are the First Amendment Rights of Elected Officials to Publicly Voice Opinion ?

[…] my own and not those of the City. A local second amendment rights advocate viewed the internet stream and has begun an effort to have me removed from office. The public had an opportunity to respond during Public Comment and, in fact, one attendee spoke to my comments. A simple question; is this protected speech?

November 26, 2018
Asked and Answered

CPRA

Are There National Security Exemptions Under CPRA?

[…] policy advocate working on a bill that would strengthen the California Public Records Act as it relates to government contracts and tax incentive programs. Recently, we have heard that there are concerns around national security when it comes to this bill. Thus, my question is--are there any existing national security protections built into the CPRA?

September 15, 2021
Asked and Answered

Brown Act

Does City Council’s Rule Against Holding Up Signs At Meetings Violate the First Amendment?

[…] rights. The city attorney sent him a copy of the Municipal Code saying disrupting a council meeting is a misdemeanor and he would enforce it. Before the public comment portion of the meeting, the mayor reads an admonishment telling members of the public they cannot personally attack staff or council members in their public comments.

January 20, 2021
Asked and Answered

CPRA Police Records

How Does the Police Bill of Rights Affect Transparency and Policing Reform?

[…] relating to certain uses of force or forms of misconduct. In September 2021, the Governor signed SB 16, expanding available records to include sustained findings of unreasonable or excessive force or failure to intervene against another officer using such force, sustained findings of prejudice or discrimination, and sustained findings of unlawful search or arrest.

April 14, 2022
Asked and Answered

CPRA

Help Needed In Requesting Documents from California Coastal Commission

I need to access documents from the California Coastal Commission in an appeal, including information regarding upload logs of documents to their website, all interagency correspondences with Coastal regarding our project, any announcements of the hearing, and all communications between the Commission and any parties regarding our project but most important, correspondence between staff […]

March 16, 2020
Asked and Answered

First Amendment

Does a Member of a Public Body Have a First Amendment Claim if He or She is Punished for Speaking Out?

[…] unfortunately beyond the scope of services we can provide through this hotline. 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.

September 22, 2021