Freedom of Imformation Act

[jinky]

What is the name of your state? Arizona(Bullhead City)

I would like to get copies of emails sent by some city council members and police department personnel. I have been told the way to do that is through the Freedom of Information Act. How do I go about doing that? Where do I get the forms? Who do I file them with?

Another thing. Someone told me that I may not be able to get the emails sent by the police. Is that true? Those are the ones I really need.

While I'm here I'd like to ask another question since I don't know where it goes. I want to pass out fliers on a grocery store parking lot. Just pass them out without setting up a table or anything. Is that lawful? If not, how can I lawfully pass them out? I called the county attorney and the secretary did not know the answer and did not know where I could get the info.

 

[Ohiogal]

A grocery store parking lot is private property -- you could be arrested for trespassing or soliciting.

 

[racer72]

Emails would be considered much like regular mail, it is not subject to the FOIA. The FOIA allows citizens access to public records, just because the emails were generated by public officials does not make them public records.

 

[SL123]

You may find your answers by contacting your City Government

You may find your answers by contacting your City Government.

http://www.bullheadcity.com/citygov/documents.asp

Public Information Office at (928) 763-9400, ext. 182

In my city, we have the Sunshine Ordinance that city offices must comply within ten days following receipt of a request for inspection or copy of a public record.

I know that emails from government officials regarding a specific case pending litigation have been made available. Emails are paper trails when originated from government computers.

If you write to your Police Department or DA's office and spcifically request a written response, then they should give an official reply. (here, writtten response is required if requested within 10 days).

 

[CdwJava]

I would like to get copies of emails sent by some city council members and police department personnel.

These may not be available to you depending on the nature of the conversation and the time elapsed. I know in my city the e-mail server deletes these after 30 days.

Here is a link to Bullhead City's document request form:

http://www.bullheadcity.com/citygov/PDFs/document request42006.pdf

I have been told the way to do that is through the Freedom of Information Act.

That is a federal law which has no bearing on AZ.

Here is the AZ law on public records:

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=39

How do I go about doing that? Where do I get the forms? Who do I file them with?

See above.

Another thing. Someone told me that I may not be able to get the emails sent by the police. Is that true? Those are the ones I really need.

That could be true. if they involved criminal investigations or were part of a legally privileged communication, they could be exempt from disclosure.

I want to pass out fliers on a grocery store parking lot. Just pass them out without setting up a table or anything. Is that lawful?

As long as you don't interfere with the business, harass customers, or the property owners don't ask you to leave, sure.

If not, how can I lawfully pass them out?

On the sidewalk, perhaps?

- Carl

 

[jinky]

I will check out your links. Thank you very much. One last thing. Where would I find a law about this?:

As long as you don't interfere with the business, harass customers, or the property owners don't ask you to leave, sure.

This is what I want to do and don't intend to disrupt, interfere or harass while passing out fliers.

 

[CdwJava]

A lot depends on what you are passing out the fliers for, and whether it is a First Amendment issue or not. The store may not appreciate you doing this and may ask you to leave. If that happens, you will have to leave or face the possibility of arrest for trespass. You might be able to hire an attorney and fight for the right to engage in your First Amendment right to disseminate information of significant public interest, but it will take a long time to litigate. Additionally, many larger stores WILL grant you permission to pass out fliers for a specific amount of time and in a specific location on the property.

The devil, as they say, is in the details.

The bottom line is that if you do not have the property owner's permission, you aren't going to be allowed to stay very long.

- Carl

 

[jinky]

I really don't think they are going to give permission. What about if I am on the sidewalk at the entrance to the store? Will I get in trouble if someone stops to take a flier and it disrupts traffic? Can I go into the street to give fliers if traffic is stopped at a signal?

 

[CdwJava]

I really don't think they are going to give permission. What about if I am on the sidewalk at the entrance to the store? Will I get in trouble if someone stops to take a flier and it disrupts traffic? Can I go into the street to give fliers if traffic is stopped at a signal?

Generally, if you are on a PUBLIC sidewalk (that means the sidewalk adjacent to the public street not the one immediately in front of the store), do not follow or harass passersby, and do not obstruct the sidewalk, you ought to be okay.

Walking into the street is likely a vehicle code violation, so I would not recommend it ... it can also be dangerous. And, personally, I don't want someone walking up to my car in the street - it makes me a tad nervous ... and I carry a gun ... as do many in your state.

What is it you are complaining about?

- Carl

 

[jinky]

I am a member of the Minutemen and want to pass out fliers with info about meetings and general information about illegal immigration. I cannot afford to advertise so I figured fliers are my best bet.

 

[CdwJava]

I am a member of the Minutemen and want to pass out fliers with info about meetings and general information about illegal immigration. I cannot afford to advertise so I figured fliers are my best bet.

Well, it might be controversial, that's for certain. But, if you stay on public property (sidewalk), don't harass people, and listen to the cops, you ought to be just fine.

So ... what kind of info do you think the city and the police have been exchanging that is of interest? You'll have to focus your request anyway, so you might want to be able to answer that question.

- Carl

 

[jinky]

I'm going to send you a PM.