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Fairfax Underground
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Court: NYTimes's Request for New York City Gun Owners Violates Law
Posted by:
Perry Mason
()
Date: February 05, 2013 02:03PM
Court: NYTimes's Request for New York City Gun Owners Violates Law
As did the previous release of a list of gun owners.
11:56 AM, FEB 5, 2013
BY DANIEL HALPER
"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])."
(As I'd tried to explain to some of you dumbshits who can't seem to understand the difference between public records and publicly available.)
As did the previous release of a list of gun owners.
11:56 AM, FEB 5, 2013
BY DANIEL HALPER
"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])."
(As I'd tried to explain to some of you dumbshits who can't seem to understand the difference between public records and publicly available.)