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  • Asked and Answered

    Brown Act

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

    […] consistent with the Americans with Disabilities act and resolving any doubt whatsoever in favor of accessibility." These executive orders do not specifically mention the provisions in the Government Code related to public hearings for land use proposals, but they are worded so as to apply to public meetings generally. As such, you may wish […]

    July 24, 2020

  • Asked and Answered

    Brown Act

    Is It Legal to Exclude the Public From a Regularly Scheduled Public Meeting?

    […] present. Bryan Cave Leighton Paisner 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. No attorney-client relationship has been formed by way of this response.

    January 20, 2021

  • Asked and Answered

    CPRA

    Is There A ‘Duty of Good Faith’ For Agencies Timely Response to CPRA Requests?

    […] dragging its feet, you might want to remind it of its statutory obligation to, among other things, respond to requests within the time limits set forth in Government Code§6253(c); refrain from "obstructing] the inspection or copying of public records" (Gov’t Code§6253(d)); and "assist the member of the public [to] make a focused and effective […]

    December 5, 2018

  • Asked and Answered

    First Amendment Social Media

    Did Facebook Violate My First Amendment Rights When it Deleted My Comment As “Hate Speech”?

    In general, First Amendment claims can only be brought when the government attempts to suppress the speech of its citizens — i.e. when there is "state action" that suppresses free speech. It is unlikely that you would have any claim against a privately-owned website for infringement of your First Amendment right to free speech. […]

    October 30, 2020

  • Asked and Answered

    CPRA

    Sheriff Denied My Request For Data From Automated License Plate Readers

    […] 6259(d). Bryan Cave Leighton Paisner 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. No attorney-client relationship has been formed by way of this response.

    January 20, 2021

  • Asked and Answered

    Brown Act

    Multiple Requests to Pull Item off Consent Agenda Overridden by County Supervisors

    […] here. Bryan Cave Leighton Paisner 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. No attorney-client relationship has been formed by way of this response.

    October 30, 2020

  • Asked and Answered

    CPRA

    Does “Deliberative Process Privilege” Allow California governor to Withhold Communications Relating to Voter-Mandated Study?

    […] of then-Governor Deukmejian, and has since been applied in many other contexts, including records of phone calls by city council members, and records regarding applications to the Government for appointment to fill vacancies on county boards of supervisors. According to the Supreme Court, "the key question in every case is whether disclosure of the […]

    March 13, 2020

  • Asked and Answered

    CPRA School Records

    School District Stalling Over My Request For Gender Breakdowns On Student Performance

    […] (2012). While it is no doubt frustrating that the school district is taking its time in responding to your CPRA request, it is, unfortunately, not uncommon for government agencies to miss the CPRA’s deadlines. In this situation, you may wish to write back to the law firm and remind it of the statutorily-set deadlines […]

    April 21, 2022

  • Asked and Answered

    CPRA

    Police Deny Request for Previously Public Statement Claiming Exemptions

    Unfortunately, under California’s Public Records Act, police investigatory records are exempt from disclosure under Government Code § 6254(f), which exempts "[r]records of complaints to, or investigations conducted by, or records of intelligence information or security procedures…or security files compiled by any other state or local police agency, or any investigatory or security files compiled […]

    May 15, 2019