Close legal loophole that denies public access to government records – Orange County Register


There’s an insidious technique that some elected officials and government employees have used to subvert the public’s right to know what they’ve been up to. It’s known as a “reverse California Public Records Act” lawsuit.

Now, on the theory that it takes a good lawsuit to stop a bunch of bad lawsuits, the First Amendment Coalition has filed suit to challenge one such reverse lawsuit filed by the city manager of Milpitas.

Fans of the public’s right to know should hope that the First Amendment Coalition’s suit not only prevails in this case, but sets enough of a legal precedent to put an end to these “reverse” suits.

In a “reverse CPRA” lawsuit, an individual claiming to have an interest in government records sought by a Public Records Act request seeks to prevent the release of those records, perhaps even before such a request has been made. That’s what…



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