Wednesday 02-06-13

Court: NYTimes's Request for New York City Gun Owners Violates Law
As did the previous release of a list of gun owners

A New York appellate court has ruled that the New York Times's request for a list of gun owners in New York City, under the Freedom of Information Law, violates the state's statute. The ruling overturns in part a lower court's ruling.

"Order and judgment (one paper), Supreme Court, New York County (Jane S. Solomon, J.), entered November 1, 2011, granting the petition to the extent it sought an order directing respondent, under the Freedom of Information Law (Public Officers Law § 84 et seq.) (FOIL), to provide an electronic copy of a database, as redacted, of names and addresses of New York City residents who have been granted handgun licenses, and a database, to be redacted, of hate crimes reported to respondent from January 1, 2005 to the present, and denying the petition to the extent it sought an order directing respondent to provide an electronic copy of its crime incident database, a declaration that respondent's practices in responding to FOIL requests violate the statute, and an order directing respondent to cease these practices, unanimously modified, on the law, to deny the petition as to the databases of handgun licensees and hate crimes and to reinstate the petition with respect to the demand for the crime incident database, insofar as it seeks production of the electronic crime incident database produced in Floyd v City of New York (08 Civ 01034 [SAS] [US Dist Ct, SD NY]) (the Floyd database), and the matter remitted to Supreme Court for a determination of whether production of the Floyd database should be ordered, and, if so, to what extent and under what conditions, and otherwise affirmed, without costs," reads the ruling.

 

"The court correctly declined to declare that respondent's responses to FOIL requests and rulings on administrative appeals are as a matter of practice untimely and to order respondent to cease this practice. The FOIL requester's statutory remedy for an untimely response or ruling is to deem the response a denial and commence a CPLR article 78 proceeding "for review of such denial" (Public Officers Law § 89[4][a],[b]; Matter of Miller v New York State Dept. of Transp., 58 AD3d 981, 983 [3d Dept 2009], lv denied 12 NY3d 712 [2009]). Review of a FOIL determination does not provide for mandamus relief (see Matter of Harvey v Hynes, 174 Misc 2d 174, 177 [Sup Ct, Kings County 1997])."

The appellate court rules that a lower court erred by ordering the release of "the home addresses of handgun licensees in electronic form." "The court erred in ordering respondent to release the home addresses of handgun licensees in electronic form. The fact that Penal Law § 400.00(5) makes the name and address of a handgun license holder "a public record" is not dispositive of whether respondent can assert the privacy and safety exemptions to FOIL disclosure, especially when petitioners seek the names and addresses in electronic form (see Matter of New York State Rifle & Pistol Assn., Inc. v Kelly, 55 AD3d 222, 226 [1st Dept 2008]). In addition, "[d]isclosing a person's home address implicates a heightened privacy concern" (Matter of New York State United Teachers v Brighter Choice Charter School, 64 AD3d 1130, 1132 [3d Dept 2009], citing, inter alia, Public Officers Law § 89[7], revd on other grounds 15 NY3d 560 [2010])."

The ruling adds, "However, the Floyd database was produced in an unrelated federal action, governed by very different standards from those that govern public access to records under FOIL (see Svaigsen v City of New York, 203 AD2d 32 [1st Dept 1994]). Further, the database was produced pursuant to strict confidentiality requirements, which indicates that disclosure to the [*4]general public would, at a minimum, raise serious confidentiality and privacy concerns. Accordingly, we remand to Supreme Court to determine whether the Floyd database should be released, and if so, under what conditions."

http://www.weeklystandard.com/blogs/court-nytimess-request-new-york-city-gun-owners-violates-law_700264.html

Enemies

I’ve been trying to return to Saturday’s theme. My aim: to celebrate a few great, inspirational reasons not to be afraid — to be hopeful.
I intended to write about how “these are the times that try men’s souls”, but how they are also times of great creative defiance.

But as I try to write about those reasons, I find post after abortive post going in a different direction. Not because the reasons to be hopeful don’t exist, but because they all lead to a conclusion I don’t want to conclude.

It’s not a new conclusion. Others have reached it long since. It’s just one I think more of us need to quit dancing around, like it or not. We’ve bitched about how the fedgov now treats its citizens subjects as criminal suspects. But that misses the point by orders of magnitude.

You don’t spy on millions of people, militarize your police, encourage neighbor to rat out neighbor, define thousands of innocuous activities as “domestic terrorism, conduct checkpoints and VIPR raids, lock people up without trials, kick down doors in the middle of the night, or arbitrarily deny people the freedom to travel if you’re looking for mere criminals.

You do that only if you’re pants-pissing terrified because you fear that those millions — millions! — of peaceable people are enemies of your regime.

The U.S. federal government has (covertly of course, and gradually) declared war on its citizens. That’s the reality. We’re not mere criminal suspects. We’re enemies — and by their choice, not ours.
Sure, some of us may have philosophically fancied ourselves enemies of the state. Some of us prefer to be ignorers of the state. Most of us have learned to live, one way or another, peaceably in the shadow of the state. But I don’t know one of us who has ever violently attacked the state — or wanted to.

But no matter what we think, or how we live, or with what civility and decency we conduct ourselves, in the eye of Mordor-on-the-Potomac, we are all enemies. All despised. And above all — all subject to destruction at the whim of power.

We need to recognize exactly what that darkness is, massing on our horizon. We need to quit being indignant innocents protesting against it and nattering about constitutions and rights — as if anyone in power listened or cared. We need to understand exactly what the looming darkness portends for us — and what the forces behind it intend for us.

http://www.backwoodshome.com/blogs/ClaireWolfe/2013/01/30/enemies/