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  • Asked and Answered

    CPRA

    Denied access to county’s seismic studies

    […] 6253(c). In addition to some of the specific exemptions that agencies invoke in justifying the withholding of records, some agencies cite the Act's "catch-all" exemption, contained in Government Code § 6255(a). This exemption states that in order to justify withholding a record, the agency must show that "on the facts of the particular case […]

    September 29, 2011

  • Asked and Answered

    Brown Act CPRA

    Can they deny my request for a video of a meeting that was streamed live?

    […] destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency. Government Code section 54953.5(b). Assuming the video recording of the town hall meeting still exists, the agency should provide you with a copy pursuant to this code […]

    June 12, 2015

  • Asked and Answered

    CPRA

    Can I use information revealed in closed session, or is it privileged?

    […] exempt from disclosure--the Second District recently held that, "[attorney] invoices are confidential communications within the meaning of Evidence Code section 952, they are exempt from disclosure under Government Code section 6254, subdivision (k)."  Cnty. of Los Angeles Bd. of Supervisors v. Superior Court of Los Angeles Cnty., 235 Cal. App. 4th 1154, 1160 (2015). […]

    September 1, 2016

  • Asked and Answered

    First Amendment

    Where can we legally hold a protest?

    […] streets is still subject to "reasonable time, place, or manner restrictions," however, which -- very broadly speaking -- means that restrictions reasonably necessary to achieve a legitimate government objective and that are not based on the content of the speech may be permitted. Id. You might want to check local ordinances to see if […]

    December 20, 2011

  • Asked and Answered

    CPRA

    Can I withdraw part of a CPRA request?

    I have a request pending with a government agency, and based on questions answered in an interview, I would like to withdraw a portion of the request. Is it possible to withdraw a portion of a request under California public records law? Or would withdrawing a portion nullify my rights to the other records […]

    August 16, 2013

  • Asked and Answered

    Newsgathering

    Does Ohio law allow videotaping of council meetings?

    […] maintain orderly meetings (versus, in particular, being targeted against the dissemination of a particular message or viewpoint). In addition, it is not clear what legal basis a government body would have to restrict the subsequent dissemination of a lawfully made recording of a public meeting. Holme Roberts & Owen LLP is general counsel for […]

    August 23, 2011

  • Asked and Answered

    CPRA

    City says it can’t fulfill CPRA request for a month

    […] delay was unreasonable and that litigation was necessary to force the disclosure. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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 10, 2012

  • Asked and Answered

    CPRA

    City Hall withholding excessive water users’ ID info

    […] find a sample PRA request letter on the FAC’s website, available at http://ift.tt/1jmHASg. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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 14, 2014

  • Asked and Answered

    First Amendment

    Where can I legally hand out flyers for my non-profit?

    […] should be to restrict speech). Similar questions can come up with respect to public spaces, though.In those cases, it is not the private property owner but the government that might impose restrictions. This might take the form of an ordinance prohibiting solicitation or something along those lines (sometimes crafted to restrict speech while appearing […]

    December 28, 2010

  • Asked and Answered

    CPRA

    State Public Health Department Withholding Public Inspection Records

    […] If the agency is delaying producing the responsive documents, unfortunately there isn’t a correct answer for when the documents should be produced. The Public Records Act, at Government Code section 6253(c), provides that "each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether […]

    February 7, 2018