Freedom Of Information Lawsuit Results In NYPD Agreeing To Follow FOI Law

from the lol-'law-enforcers' dept

If you need any more proof the NYPD hates transparency, you need look no further than Keegan Stephan's victory in a Freedom of Information Law (FOIL) lawsuit:

If you can't see the tweet, it says:

Big win! To settle my lawsuit, NYPD has agreed to comply with critical component of NY Freedom of Information law

This is what we measure success with when it comes to FOIL and the NYPD: a victory is the department AGREEING TO FOLLOW THE LAW.

Stephan has been seeking information on the department's use of a sound cannon for crowd control. The NYPD, of course, had no interest in releasing these records. Central to the settlement is the department agreeing to accept FOI requests by email, something it's supposed to have been doing for more than a decade.

The man, Keegan Stephan, said in the suit that the department failed to justify withholding the records he requested and that a “policy and practice” not to accept or respond to Freedom of Information requests by email violated a 2006 provision of New York State law. Mr. Stephan also argued that by not allowing email requests, the police had increased “the time, effort, and expense involved” in obtaining records.

The department's settlement contains no admission of wrongdoing -- something common to government lawsuit settlements. This means it will accept zero responsibility for a decade-long run of FOI statute violations.

The "new" email request system will aid more New Yorkers in having their requests ignored by the NYPD. The NYPD's future use of email for FOI responses will ensure requesters are informed of denials in a much speedier fashion. The portal the NYPD is setting up on its website will provide instructions for requesters, as well as information on how to challenge denials and non-responses. If nothing else, the NYPD will be forced to follow the letter of the law a bit more closely, but it will take far more than a steady stream of FOI lawsuits for it to approach the law's spirit.

The NYPD has made a opacity a cottage industry. It has been dubbed the least responsive government agency in the US, worse than the CIA, FBI and NSA. It has developed an in-house classification system that allows pretty much anyone to designate almost any document "top secret" for almost any reason, and reached its nadir when it refused to release a copy of its FOIL response guidelines to a FOIL requester.

But this is an ugly victory -- one that should subject the department to a steady stream of ridicule. It takes a lawsuit to make a law enforcement agency follow the law. That's just depressing.


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  • icon
    Anonymous Anonymous Coward (profile), 20 Jul 2017 @ 4:47pm

    NYPD become expert quackers

    With reference to the old saw, 'What happens when it rains on a duck? The water rolls right off.' Expect a lot of 'water' rolling off the backs of the NYPD, except more so, as actually accepting email requests (to subsequently deny) will likely exponentially increase requests.

    I am betting the hubris of the NYPD will enable them to set up an auto-response to emails sent the the request address that incorporates the denial, so they don't waste any person-hours on responding.

    reply to this | link to this | view in chronology ]

    • icon
      stderric (profile), 20 Jul 2017 @ 8:05pm

      Re: NYPD become expert quackers

      'What happens when it rains on a duck? The water rolls right off.'

      Live & learn. I always thought it was 'The duck puts you in a sleeper hold til you pass out & die, and manages to get away with it despite there being plenty of witnesses and video evidence.'

      The 'rolling off' thing is good too. More succinct.

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 21 Jul 2017 @ 6:14am

      Re: NYPD fakers

      " Big win! ... NYPD has agreed to comply with critical component of NY Freedom of Information law "


      Geeez, how naive can you get!

      we know that the NYPD "agreeing" to anything ... is meaningless. NYPD is fundamentally dishonest & untrustworthy-- Mafia Dons have more personal integrity when giving their word

      reply to this | link to this | view in chronology ]

  • identicon
    Christenson, 20 Jul 2017 @ 7:39pm

    This should be used in criminal court

    If the NYPD has to be sued to follow the law, it should be axiomatic that the lawfulness of any action taken by the NYPD is in doubt, and it should become very difficult for them to convict anyone of any crime.

    Likewise, it ought to be defense gold...a pattern and practice of "hiding the ball"!

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 20 Jul 2017 @ 10:04pm

      Re: This should be used in criminal court

      Only if all persons were equal under the law. They aren't. Cops are virtual gods.

      reply to this | link to this | view in chronology ]

  • identicon
    David, 20 Jul 2017 @ 11:31pm

    Correction:

    It takes a lawsuit to make a law enforcement agency follow the law. That's just depressing.

    It takes a lawsuit to make a law enforcement agency take the prescribed route for ignoring the law.

    Just because you can now email a request does not mean that it gets answered, timely or otherwise.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 21 Jul 2017 @ 5:17am

    Here's what Tim said: "If you can't see the tweet"

    SERIOUSLY? Tim posts the tweet as large as day and unless you're blind, posting that warning indicator means that Tim thinks every person reading his article is as stupid as he is.

    It's time that Techdirt make their website comply with ADA laws by including an audio of each article as well. Perhaps they'll put a warning on that also: click button if you are blind.

    ROTFL

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 21 Jul 2017 @ 6:31am

      Re:

      I am glad you confirmed that all of the people reading the article can access Twitter.com otherwise you would look silly ranting about this.

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 21 Jul 2017 @ 7:54am

        Re: Re:

        He just wanted to prove that he's stupider than he accused Tim of being. And I must say that it was mission accomplished!

        reply to this | link to this | view in chronology ]

  • icon
    Uriel-238 (profile), 21 Jul 2017 @ 6:43am

    "a victory is the department AGREEING TO FOLLOW THE LAW."

    I think a victory will be the department actually complying with the law.

    If, in a year, we see a sound record of them consistently responding to FOIL requests with provided records, that's victory. That's progress.

    But until their words are followed with action, their agreement is probably a lie.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 21 Jul 2017 @ 8:50am

    The NY city police commissioner is hired by Bill de Blasio, the mayor of NYC.

    Take it up with him.

    reply to this | link to this | view in chronology ]


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