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Asked and Answered

First Amendment Protest Rights

Each year police place greater limitations on my annual protest

The issue of to what extent the government may limit a request for a protest permit requires a complicated an highly contextual analysis that is unfortunately beyond the scope of the services offered by this hotline. As a very general matter, the government can impose reasonable and content-neutral time, place and matter restrictions on […]

October 18, 2013
Asked and Answered

CPRA

Are jail visitor sign-in logs public documents?

The right to inspect jail visitor sign-in logs would come from California's Public Records Act, which provides, generally speaking, that writings created or used by government agencies in California are presumptively open to public inspection and copying unless a specific exemption of the PRA applies. If the "no" you refer to was in response […]

November 17, 2009
Asked and Answered

CPRA School Records

Request to School District for Records Refused

When an agency fails to provide requested records that you believe are subject to public disclosure, Government Code section 6259 allows you to file a lawsuit. Lawsuits to enforce the CPRA are usually initiated by a verified petition (i.e., a request filed under oath) that asks the court to issue a "writ of mandate." […]

May 29, 2018
Asked and Answered

CPRA

Withholding of Juveniles’ Names in Police Records

[…] by other laws including, but not limited to, Section 841.5 of the Penal Code, Section 11167 et seq. of the Penal Code, and Section 6254 of the Government Code." None of these restrict release of the name of a deceased minor victim -- 841.5 prohibits release of a victim's or witnesses' address to a […]

June 14, 2009
Asked and Answered

CPRA

Public Comment on Public Contracts

[…] 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? I am trying to ascertain the affects of the development on […]

June 14, 2009
Asked and Answered

CPRA

Golden Gate Bridge suicide records

[…] being relevant to a claim or litigation does NOT mean that it is exempt from disclosure under the Public Records Act. The exemption for pending litigation (in Government Code section 6254(b)) only applies to documents the District acquires or prepares in the litigation process, not for documents that pre-date any litigation and were not […]

June 14, 2009
Asked and Answered

CPRA

Dairy Plant Inspection Records

[…] question is that if the daily inspection records are maintained for enforcement or license purposes by the Department of Food and Agriculture, they are probably exempt from disclosure under Government Code section 6254(f) of the California Public Records Act. But if these inspections are routinely done and the reports are not created for an specific enforcement […]

June 14, 2009
Asked and Answered

CPRA

Court Employee Anonymity

[…] quotation omitted). In light of the many policy reasons the courts have recognized for treating the names of public employees as public information -- including accountability of government -- there is a good argument that generic concerns about privacy or security should trump the constitutional or common law right of access to the names […]

June 14, 2009
Asked and Answered

CPRA

County’s Technical Review

[…] reason, the County is not able to produce the draft, or any memoranda or correspondence relating to it, as those records would be exempt from production under Government Code Section 6254(h). The records would also be privileged under both the deliberative and attorney-client privileges and be exempt per Government Code Section 6254(k)." We are […]

June 14, 2009
Asked and Answered

CPRA

I was stopped from taking photos of court records with my phone to save costs. What can I do?

[…] submitted and received a Public Records Act Request of all individuals who had been charged with gang enhancements. However, there is specific information we also need but must pull the Superior Court case file to obtain such as: age, race, location, etc. These documents are electronic so we are unable to use our scanner […]

February 8, 2021