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Asked and Answered

CPRA

Local School District Records

[…] asked about, applies to records in the possession of federal agencies). Under the PRA, any document that is collected, owned, or maintained by a state or local government agency is presumptively available for public inspection unless one of the Act's exemptions to disclosure applies. You do not need to exhaust any other administrative remedies […]

June 14, 2009
Asked and Answered

Brown Act

Can Local Government Hold Public Meetings in A Federal Building Where No Cameras Are Allowed?

[…] described. 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.

June 14, 2018
Asked and Answered

Brown Act

Can A Public Official Interrupt A Speaker During Public Comment Time?

[…] board during the public comment period. In addition to what the Brown Act requires with respect to giving the public the opportunity to address the board per Government Code 54954.3(a), courts have found that the Brown Act’s public comment requirements create a "limited public forum" subject to First Amendment scrutiny. Baca v. Moreno Valley Unified […]

May 30, 2018
Asked and Answered

CPRA School Records

Request to School District for Records Refused

When an agency fails to provide requested records that you believe are subject to public disclosure, Government Code section 6259 allows you to file a lawsuit. Lawsuits to enforce the CPRA are usually initiated by a verified petition (i.e., a request filed under oath) that asks the court to issue a "writ of mandate." […]

May 29, 2018
Asked and Answered

First Amendment

Government facilities available for public use

The situation you have described does not necessarily constitute a violation of the Establishment Clause of the First Amendment. The Supreme Court has ruled that where a government body makes its facilities available for use as a public forum, it cannot discriminate against groups that seek to use the facilities for religious purposes. See […]

June 14, 2009
Asked and Answered

Brown Act

Council gerrymandering and the Brown Act

[…] city counsel who attends a closed session that he or she "knows or has reason to know" should not be closed is "guilty of a misdemeanor" under Government Code section 54959. With respect to the non-profit corporation, if it is created by the city counsel in order to exercise authority that may lawfully be […]

June 14, 2009
Asked and Answered

CPRA

Access of relatives to murder investigation files

[…] enumerated exemptions to disclosure. Based on the information you have provided, it is likely that some of the documents you seek would be exempt from disclosure under Government Code section 6254(f), which allows law enforcement agencies to refuse to release records of investigations. Authorized representatives of victims are entitled to certain additional information that […]

June 14, 2009
Asked and Answered

CPRA

County’s Technical Review

[…] reason, the County is not able to produce the draft, or any memoranda or correspondence relating to it, as those records would be exempt from production under Government Code Section 6254(h). The records would also be privileged under both the deliberative and attorney-client privileges and be exempt per Government Code Section 6254(k)." We are […]

June 14, 2009
Asked and Answered

First Amendment

Political sign bans by housing that receive public funds

[…] Golden Gateway case, the Court held that restrictions on distribution of newsletters could be imposed by the landlord because there was no "state action," i.e. no real government involvement. The federal courts have generally held that mere public funding of an entity, without state involvement in the actual constitutional violations at issue, does not […]

June 14, 2009
Asked and Answered

First Amendment Newsgathering

The DA gives information to other media, but refuses to make it available to our newspaper

[…] Now, the DA refuses to provide public information on court cases that we can only get (and have gotten for 35 years) over the phone. I believe there is a statute somewhere that requires government officials to provide news to outlets on a non-discriminatory basis. The DA does give info to other news media here.

August 20, 2010