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Asked and Answered

CPRA

Written correspondence to and from officials as public record

[…] City Council are considering a policy requiring council members to make public all written correspondence including email rec'd from private citizens regardless of its content, citing the Brown Act and the desire for a more "transparent" city gov't. A number of citizens believe that this is a violation of their 1st Amend & privacy […]

June 14, 2009
Asked and Answered

CPRA

How can my records request meet deadline if staff assigned is on vacation?

[…] litigation motivated the defendant to release the records. Motorola, 55 Cal. App. 4th at 1344.) 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.

September 11, 2015
Asked and Answered

CPRA Police Records

Police Reports and the CPRA

[…] If the report was filed against me am I entitled to a copy? I have had approx 50-75 police reports filed against me by my insane neighbor and I am preparing to file legal action. I need the police reports for evidence. How do I get them? The police will not give them to me.

June 14, 2009
Asked and Answered

First Amendment

Government facilities available for public use

The situation you have described does not necessarily constitute a violation of the Establishment Clause of the First Amendment. The Supreme Court has ruled that where a government body makes its facilities available for use as a public forum, it cannot discriminate against groups that seek to use the facilities for religious purposes. See […]

June 14, 2009
Asked and Answered

First Amendment

Can cities discriminate between political and commercial signs on public property?

In public forums, such as sidewalks, streets, train and railway stations, and parks, the government must bear an extraordinarily heavy burden to regulate speech in such locales. Grossman v. City of Portland, 33 F.3d 1200, 1204 (9th Cir. 1995). With respect to public forums, the government has the right to establish regulations on the […]

June 14, 2009
Asked and Answered

CPRA

Access of relatives to murder investigation files

[…] enumerated exemptions to disclosure. Based on the information you have provided, it is likely that some of the documents you seek would be exempt from disclosure under Government Code section 6254(f), which allows law enforcement agencies to refuse to release records of investigations. Authorized representatives of victims are entitled to certain additional information that […]

June 14, 2009
Asked and Answered

CPRA

Sheriff Denied My Request For Data From Automated License Plate Readers

[…] 6259(d). 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.

January 20, 2021
Asked and Answered

CPRA

Police Deny Request for Previously Public Statement Claiming Exemptions

Unfortunately, under California’s Public Records Act, police investigatory records are exempt from disclosure under Government Code § 6254(f), which exempts "[r]records of complaints to, or investigations conducted by, or records of intelligence information or security procedures…or security files compiled by any other state or local police agency, or any investigatory or security files compiled […]

May 15, 2019
Asked and Answered

CPRA

Denied Access to City Attorney Fees in Police Officer Assault Case

[…] reporting. 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.

May 9, 2019
Asked and Answered

Court Records

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

[…] other information published on the website of the Secretary of State containing the principal location of the corporation run by the subject of our investigation, as well as the home addresses of its Officers, Secretary, etc. May we publish these governmental documents as well or would the best tactic be to redact that personal information?

April 21, 2022