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Asked and Answered

CPRA

California Board of Equalization public access rules

Does the California Board of Equalization have any special exemptions or dispensations from the California public records act or public access to documents it archives?

January 7, 2011
Asked and Answered

CPRA

Can I access data on corporations audited by the state?

[…] may however charge the requester for the costs associated with such compilation and extraction. 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.

July 15, 2013
Asked and Answered

CPRA

Can I access recordings made by the LA Dept. of Animal Services?

[…] 6252(g). Thus, presumptively the recording would be subject to disclosure, unless some exemption applies. 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.

November 15, 2014
Asked and Answered

First Amendment

Can businesses ban Google Glass?

Can businesses ban customers from wearing Google Glass while on their premises? So, not simply banning video recording, but the actual wearing of the device.

August 15, 2014
Asked and Answered

CPRA

Can a private company profit by selling public information

[…] to get them for the costs of duplication directly from the agency. Holme Roberts & Owen 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.

December 21, 2011
Asked and Answered

CPRA

Does city’s “fee schedule” for public records violate CPRA?

[…] will cost $1 per page and each additional page up to 50 pages will cost 25 cents per page. Requests that exceed 50 pages will be provided for the actual cost of commercial copying. Is this legal? I thought the PRA provided that an agency could only charge the actual cost of copying paper copies.

June 24, 2010
Asked and Answered

CPRA Police Records

Can City Attorney Withhold 911 Call Transcripts?

[…] report a possible crime and the department's response thereto." Haynie v. Superior Court, 26 Cal. 4th 1061, 1064 (2001). The Supreme Court held that the exemption in Government Code section 6254(f) for "records of investigations," like the exemption in the same section for "records of complaints" to law enforcement, allows law enforcement to withhold […]

March 8, 2010
Asked and Answered

CPRA

Is A Public Agency Required to Disclose Names of Board Member Applicants?

[…] turn operation of the hospital over to a nonprofit corporation, which will consist of hospital district directors, the chief of the medical staff, and three appointees. The hospital board is in the process of picking the appointees. It also must fill a vacancy left by a resignation of one of the elected district hospital board.

February 23, 2018
Asked and Answered

First Amendment

Yelp violates right to freedom of speech by “filtering” good reviews out, leaving bad ones in!

[…] not be useful to invoke the First Amendment in this situation. The reason for this is that, generally speaking, the First Amendment governs speech restrictions imposed by government actors rather than private parties. That is, the First Amendment might preclude a government agency from interfering with my handing out flyers in a public square, […]

May 16, 2012
Asked and Answered

CPRA

is there a deadline for filing suit over denial of requested records?

[…] consider filing a lawsuit sooner rather than later so as to avoid any claim by the agency that the lawsuit was untimely and therefore should be dismissed. Government Code Section 6259 allows you to file a lawsuit. Lawsuits to enforce the PRA are usually initiated by a verified petition (i.e. a request filed under […]

June 5, 2017