New Lawsuits Against Alameda Co. and LA Mayor for Violating CA Public Records Law

Two lawsuits were recently filed against the City of Los Angeles and Alameda County for violating California Public Record Act requests demanding copies of the scientific research, data, analysis and other correspondence that gave rise to the closing of schools, houses of worship, beaches, and businesses.

California Attorney Craig P. Alexander, on behalf of the Center for American Liberty, filed a Public Records Act request with the Alameda County Health Care Services Agency requesting  Alameda County release the “science” used in issuing its response to the Coronavirus pandemic.

Alameda County Health Care Services Agency alleged that it was excused from complying with  the California Public records Act due to the COVID-19 pandemic. It further alleged that Alexander’s Request was “unduly burdensome overall” due to the costs for searching for the records.

Alexander’s second lawsuit, against Los Angeles Mayor Eric Garcetti, sought records of the “science” or “data” behind the City’s Shelter in Place, Face Covering and Cancel Mass Gathering orders between October 1, 2019 to June 3, 2020.

Alameda County Lawsuit says:

Pursuant to the California Public Records Act, Center for American Liberty (“Requestor”) respectfully requests to inspect all public records in the possession or control of the Alameda County Public Health Department’s (“PHD”) office for the following:

1. Each set of data (including but not limited to scientific studies, peer reviews,
medical studies, analysis, hospital data, public health studies, health care
statistics, memorandum, letters, correspondence, directives, etc.) upon which the
PHD based its decision to issue any and all “Shelter In Place”, “Face Covering”
and “Cancel Mass Gathering” orders from October 1, 2019 to the present date
regarding the COVID-19 pandemic, including, but not limited to, the PHD’s order
HO Order 20-08 ( of April 17, 2020) and Order 2020-11 (of May 18, 2020);

2. Each correspondence, including electronic communication and in paper format,
regarding each renewal or modification of any Order, such as that of April 17,
2020 and May 18, 2020; and

3. A copy of any and all requests for similar records under the California Public
Records Act received by the PHD.

Attorney Alexander noted in his lawsuit with Alameda County there was no COVID-19 exemption in the California Public Records Act.

Alexander’s Los Angeles lawsuit asks the court to “Issue Peremptory and/or Alternative Writ of Mandate ordering Respondents to promptly conduct a proper search for responsive records and to disclose to Petitioner all improperly withheld records.”

Los Angeles Mayor Eric Garcetti lawsuit says:

Pursuant to the California Public Records Act, Govt. Code §§ 6250-6276.48, Center for American Liberty (“Requestor”) respectfully requests to inspect all public records in the possession or control of the City of Los Angeles (“City”) office for the following:

1. Each set of data (including but not limited to scientific studies, peer reviews, medical studies, analysis, hospital data, public health studies, health care statistics, memorandum, letters, correspondence, directives, etc.) upon which the City based its decision to issue any and all “Shelter in Place”, “Face Covering”, “Cancel Mass Gathering” and any other COVID-19 orders / recommendations from October 1, 2019 to the present date regarding the COVID-19 pandemic, including but not limited to the City’s orders and recommendations dated March 4, March 12, March 15, March 17, March 21, March 24, March 25, March 30, March 31, April 7, April 10, April 17, April 24, April 22, April 27, May 4, May 7, May 19 and June 1, 2020 any prior or subsequent orders (as set forth on https://www.lamayor.org/COVID19Orders);

2. Each correspondence, including electronic communication and in paper format, regarding each renewal or modification of any Order; and

3. A copy of any and all requests for similar records under the California Public Records Act received by the City. These requests are for any and all writings and communications (including but not limited to, letters, electronic communications, e-mails, text messages, notes, memorandums, messages) whether or not those communications are stored in the City’s files and/or servers or on personal devices / accounts such as private electronic mail accounts or cellular telephones. City of San Jose v. Superior Court (Smith) (2017) 2 Cal. 5th 608.

Center for American Liberty issued an identical Public Records Act request to the Los Angeles Emergency Management Department.

However, as the lawsuit says, the City of Los Angeles failed to demand that its employees, including Mayor Eric Garcetti, search for and produce responsive records they possess in their personal email accounts and devices as required under City of San Jose v. Superior Court as specifically requested by Petitioner.

On June 4, 2020 the LA office of Emergency Management Department issued to Alexander and CAL a notice via Electronic Mail that all such inquiries should be directed to the Office of the Mayor for the City of Los Angeles. Attached hereto as Exhibit D is a true and correct copy of the electronic mail message from the Emergency Management Department to CAL’s counsel. 26. City (the Mayor’s office) first responded to CAL’s request on June 15, 2020 but did not produce any records that day. Rather City acknowledged receipt of CAL’s PRA. It stated it would provide “non-exempt” responsive records by July 15, 2020.

Click here to read and download the stamped complaint against the City of Los Angeles.

Click here to read and download the stamped complaint against Alameda County.