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Asked and Answered

First Amendment

Passing out flyers in front of a public school

[…] v. City of Las Vegas, 333 F.3d 1092, 1099 (9th Cir. 2003) (internal quotation marks omitted). "Public fora have achieved a special status in our law; 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). In order to […]

June 14, 2009
Asked and Answered

CPRA

Obtaining records without fees?

The Public Records Act (PRA) does not include a specific provision for waiving or reducing fees for copies requested under the Act. California courts have decided, however, that agencies do have the discretion to waive or reduce fees. See North County Parents Organization for Children with Special Needs v. Department of Education, 23 Cal.App.4th […]

June 14, 2009
Asked and Answered

CPRA

Non-Response to Requests

I sent a Freedom of Information Act Request to the California Department of Corrections trying to obtain information related to my position there. It was an information act using the form letter making a state (not federal) request. The request was sent by certified mail and they did not respond. What should I do […]

June 14, 2009
Asked and Answered

CPRA

Non-response to CPRA requests

I sent a public records act request to the City Clerk of my City and I have not received a call or response to my request. I am sending a second letter and attaching the first letter, but what can I do next if the city does not respond?

June 14, 2009
Asked and Answered

CPRA

My child welfare records from 30 years ago

I was a resident of California when I became a reluctant but active participant in child welfare. I was placed in a foster home where I was abused, in a multitude of ways. I am writing my autobiography and have a story to tell, but I can't get anyone there to help me procure […]

June 14, 2009
Asked and Answered

CPRA

Inspect vs. Request, and Proposals as Public Records

[…] of the PRA's exemptions applies. Govt Code § 6253(a). There is no obvious exemption that would authorize withholding proposals submitted pursuant to an RFP issued by a government agency in California. It is not unusual, however, for agencies to resist disclosing records that should be disclosed under the PRA, and it is possible that […]

June 14, 2009
Asked and Answered

CPRA

DMV License Plate Records

[…] to your question about whether the DMV is required to tell you how they conducted their search for the records you requested, you should be aware of Government Code section 6253.1, which provides: 6253.1. (a) When a member of the public requests to inspect a public record or obtain a copy of a public […]

June 14, 2009
Asked and Answered

CPRA Police Records

Criminal Investigation Files and the Department of Toxic Substances Control

[…] has to release its investigatory file. Under the federal Freedom of Information Act, once the investigation is concluded, the exemption for investigatory files terminates and the records must be released upon request unless there is some other justification for withholding. Not so in California; in 1993, the California Supreme Court ruled that the investigatory exemption […]

June 14, 2009
Asked and Answered

CPRA

CPRA request response time

I recently submitted a request for records under the California Public Records Act to a State University. I issued the request in hard format to the University and had the secretary date, stamp it and make a copy for me. I have not heard back from the University. According to the law they are […]

June 14, 2009
Asked and Answered

Court Records

Civil Harassment Restraining Order Filings; Non-Internet Accessible

[…] be made in person at the courthouse and only by asking a court clerk to search for specific party names -- no general index or register of actions is available to the public for these cases. The court gives no reason for this, and it creates a significant barrier to access to these civil […]

June 14, 2009