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  • Latest News

    Blog Cases

    Your Right to Record at the Border

    […] is entrenched in First Amendment law, but it took an eight-year lawsuit to uphold it at U.S. land ports of entry, which are often critical community hubs. For example, the San Ysidro Port of Entry between San Diego and Tijuana is the busiest land port of entry in the Western Hemisphere, with 70,000 vehicles […]

    July 25, 2022

  • Asked and Answered

    Brown Act

    Davis-Stirling Act

    […] normally provided by a City to the Property Owners Association. The Property Owners Association claims to be exempt from the Brown Act so does not have to publish notifications ( agendas ) before executive sessions. They claim they function under Davis Sterling where notifications for executive sessions is not required. Any opinion or legal references?

    June 14, 2009

  • Asked and Answered

    CPRA

    Private attorney costs to public agencies and attorney-client privilege

    […] not disclose the amount of the retainer agreement.  See Cal. Government Code section 54957.5(a) (records provided to a Board of Supervisors or other legislative body in preparation for a public meeting are public records that must be available to the public under the California Public Records Act); Cal. Government Code section 6253(a) (if an […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    COVID-19 Prohibition On Public Gatherings Prevented Me From Speaking to the Public

    […] impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting" during the COVID-19 crisis, so long as the public is provided some means of observing and commenting upon the proceedings "telephonically or otherwise […]

    January 20, 2021

  • Asked and Answered

    First Amendment

    Where can I legally hand out flyers for my non-profit?

    […] legal question anywhere, or if I found something similar, the question is about a religious group or a signature gatherer for political purposes which might have an exemption or an inherent right to be soliciting. I work for a 501c3 part time and I would like to hand out flyers for our nonprofit. I […]

    December 28, 2010

  • Asked and Answered

    CPRA

    State Public Health Department Withholding Public Inspection Records

    […] to submit my request online which I then did. The report lacked specificity and appeared to be lacking all of the information. I then requested public records for a period of 5 years on the machine used. I received a statement stating my request was being delayed and I might not receive all of […]

    February 7, 2018

  • Latest News

    Blog

    Government officials use personal email and texting to avoid public access laws. Why not use technology to enhance accountability instead of to subvert it?

    […] PETER SCHEER---All public officials favor open government in principle. Who would dare say otherwise? In reality, however, they are in a perpetual search, guided by clever lawyers, for new ways to circumvent disclosure requirements--at best, because they view requests for records as a nuisance, and at worst, because they have something to hide (which […]

    August 22, 2009

  • Asked and Answered

    First Amendment

    In Texas, town hall meeting nixed videotaping

    Is there an equivalent of a Brown Act for Texas? I was at a Congressional town hall meeting, and a member of the Congresswoman's staff told me I was not allowed to video record the meeting. Is that legal?

    August 1, 2011

  • Asked and Answered

    Brown Act

    Is there a Posting Date Requirement for Minutes of Public Agency Meetings?

    Is there a legal requirement that a Community College in California post Minutes for their Board, Special and Committee Meetings within a certain timeframe? They are not doing so by the next meeting and sometimes do not do so for many many months or at all. This is an ongoing issue.

    January 20, 2021

  • Latest News

    Blog

    Your right to COVID-19 outbreak data

    […] matter of law, notwhim or unsubstantiated hunch." Read our full letter to the California Supreme Court. And find more about the case here. Thank you, as always, for your interest in our work. David Snyder Executive Director P.S. Did you hear? We launched our first-ever $1million campaign—theFAC for Allcampaign. We’realready 80% of the way […]

    September 2, 2021