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Asked and Answered

Brown Act

What recourse do individuals with disabilities have to access land use proposals during COVID-19?

[…] of 55 is more than the '20s, '30s and '40s in total. The same for homeowners over 65. However many cities in California and across the nation are not placing moratoriums on critical public comment items. I have written and spoken to the city officials for three weeks with no action. Can you please help?

July 24, 2020
Asked and Answered

CPRA

Public Agency Denied PRA Request Claiming Trade Secret Exemption

[…] an email stating they are invoking the right to withhold the financial data related to State Plan Amendment 18-007 under the privilege for trade secrets pursuant to California Government Code section 6254(k) in conjunction with California Evidence Code section 1060. This is public financial accounting, commercial firms are exempt. Can you advise how to proceed?

January 3, 2020
Asked and Answered

CPRA

Are Construction Permits Accessible Under the CPRA?

[…] the public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. Cal. Gov. Code § 6252(e). If a government agency is claiming that certain records are exempt under the CPRA, it is required to cite the specific exemption and explain how it applies to the […]

April 26, 2022
Asked and Answered

First Amendment

What Are My Rights as a Journalist Arrested And Detained Without Cause?

[…] right to protected speech "threatens to inhibit exercise of the protected right."Lacey v. Maricopa Cnty., 693 F.3d 896, 916 (9th Cir. 2012). Federal law allows lawsuits against government actors, state or federal, who attempt to deter the exercise of constitutional rights. In order to show a First Amendment violation under 42 U.S.C. § 1983, […]

April 21, 2022
Asked and Answered

CPRA

How to Request Information Stored in a Database?

How does the California Public Records Act handle information stored in a database rather than a specific record (e.g. an existing, stand-alone document)? For example, if I'm looking for historical financial information on a public works project at my city, the data might be in a database and would require city staff to run […]

March 11, 2020
Asked and Answered

CPRA

Obtaining HHS/Child Protective Services Records Via CPRA

[…] only parent of the child named in the case, I should have access not only for my own records but I should be able to know who my accuser is. Do Child Protective Services Records and Report filings fall under the California Public Records Act? If not would they be subject to a FOIA request?

December 13, 2018
Asked and Answered

CPRA Police Records

Police Denied My Request For An Incident Report

[…] you might want to write back and press them to justify their withholding. That said, it is likely the police here are withholding the report pursuant to Government Code § 6254(f), which exempts "records of complaints to, or investigations conducted by, or records of intelligence information or security procedures…or security files compiled by any other state […]

January 4, 2020
Asked and Answered

Police Records

Police Department in New Jersey Won’t Release Report on a Family Member’s Death

New Jersey’s Open Public Records Act provides that " government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest, and any limitations on the right of access … shall be construed in favor of the public’s right […]

August 22, 2020
Asked and Answered

First Amendment Social Media

Local School Board President Banning Parents From Commenting On School’s Official Facebook Page

[…] them for blocking citizens and they have been forced to reverse the action on various social media platforms because they were violating the citizens' First Amendment right to comment on actions taken by government officials. Could you please let us know if we have recourse for this apparently unlawful action by the school board member?

September 17, 2021
Asked and Answered

First Amendment Protest Rights

First Amendment Rights Violated by Restricting Access on Public Sidewalk

We were peacefully walking by a Scientology event which was held at a hotel in Florida. There were scores of people on the sidewalk. A police officer moonlighting for Scientology told us that they did not want us on the sidewalk (which is public) and that we would have to leave (we have a video […]

November 30, 2018