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Asked and Answered

CPRA School Records

School district denies all complaint related CPRA requests

[…] you how it determined that the public interest in disclosure was so clearly outweighed. 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.

May 21, 2013
Asked and Answered

CPRA

Am I allowed to make my own copies instead of paying the agency fees?

A local government agency has allowed me to inspect public records per a PRA request, but refuses to allow me to make copies at my own expense. Instead they maintain the position that my rights end at inspection and I would need to pay them to make any copies. Are you aware of any […]

September 14, 2011
Asked and Answered

CPRA Police Records

Seeking 911 records for wrongful death

[…] included in the statutory definition of a "health care provider." It reasoned that the term included persons ‘reasonably believed to be such by the patient.’" See Open Government Guide, Access to Public Records and Meetings in Louisiana, Sixth Edition (2011), Section (IV)(N)(3). In any event, you should probably submit a written request for the […]

March 28, 2016
Asked and Answered

CPRA Newsgathering Police Records

Requests for crime reports denied by police department

[…] having trouble obtaining crime reports from our local police department. I've requested crime reports twice and both times I'm told that they are being withheld because of Government Code section 6254(f). To be clear, one time I requested all crime reports that had been filed over a month period. The second time, I requested […]

July 10, 2017
Asked and Answered

CPRA

Request for sheriff’s homeless policy leads to trouble

[…] by the County Sheriff in conjunction with numerous other county agencies. The Sheriff's Department responded that they had "been unable to locate responsive documents and as such cannot comply therewith." In addition, the sheriff's department then engaged in retaliatory intimidation, sending a deputy to question the person whose name appears on the request for information.

March 30, 2010
Asked and Answered

CPRA

City council candidates’ website URLs have been excluded from the city website

[…] would constitute endorsement, though it is possible that there is some legal basis for this concern.From the perspective of our core expertise -- First Amendment and open government issues -- the question might be whether some legal principle requires the city council to do so.Though a state or local agency would likely be required […]

October 11, 2011
Asked and Answered

First Amendment

Do we have the right to exercise 1st Amendment rights on shopping mall properties?

Unfortunately, there is no simple answer to your question. Generally, the First Amendment applies only to government actors, and since shopping centers are often privately owned, many of the broad First Amendment rights associated with public spaces such as parks and public sidewalks do not necessarily apply. That said, there are situations where First Amendment […]

May 31, 2016
Asked and Answered

CPRA

Should I be allowed to access a report in draft form?

[…] in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure." Govt. Code Section 6454(a). Although some government personnel mistakenly believe that any "draft" document is automatically subject to this exemption, reading the text of the statute itself indicates that the exemption only applies […]

March 29, 2012
Asked and Answered

Newsgathering

Publishing leaked email

I have an email from a hospital system CEO sent to roughly 7,000 employees, actually every employee of the hospitals. We want to print aspects of the letter in which he bad-mouths a union. Question: Does the legal disclaimer at the bottom of the email mean anything? It says basically that the email is […]

June 14, 2009
Asked and Answered

CPRA

Public Officials’ Personal Email

Does a city council member's use of his/her personal email account to discuss city business make that account subject to Public Records Act Requests? If so, is there a threshold between a single or several incidental uses and the systematic use of the personal email for city business that would trigger the account's exposure […]

June 14, 2009