Documents regarding 2020 Protests (Department of Public Safety)

To Whom It May Concern:

Pursuant to the Arizona Public Records Law, I hereby request the following records:

Any files on or related to the protests and public assemblies which temporarily occupied public areas (including, but not limited to, parks, parking lots, roads, and sidewalks) within 500 feet of: 200 W. Washington St., 85003; or 620 W. Washington St., 85003; or 6180 W Encanto Blvd, 85035; or 1700 W Washington St., 85007; or 320 W Lincoln St., 85003; or 201 S 4th Ave., 85003; or 9th Ave at Jefferson St., 85007; or 2035 N Central Ave. 85004 from May 26, 2020 to January 6, 2021.

Files may include, but are not limited to, operation plans/checklists, emails, equipment lists, flight plans, and incident reports.

Arizona Public Records Law carries with it a presumption that all records are “open to the public for inspection as public records.” Carlson v. Pima County, 141 Ariz. 487, 490, 687 P.2d 1242 (1984). If this request is denied in part or in whole, please indicate the specific grounds for denial under the Public Records law and provide the name and address of the person to whom I may direct an appeal. All agreeable portions of otherwise exempt material must be produced. Moreover, under another Arizona Supreme Court case, the burden of justifying non-disclosure is on the party that seeks non-disclosure rather than on the party that seeks access. Mitchell v. Superior Court, 142 Ariz. 332, 690 P.2d 51, 53 (1984).

Thank you for your cooperation. Your earliest consideration is greatly appreciated.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

Russell Facente

My public records request, copied below, was transmitted by email. From my timestamp records, it is possible that the request was not received by your office until on or about February 5, 2021.

Thank you.

Original request email copied here:
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To Whom It May Concern:

Pursuant to the Arizona Public Records Law, I hereby request the following records:

Any files on or related to the protests and public assemblies which temporarily occupied public areas (including, but not limited to, parks, parking lots, roads, and sidewalks) within 500 feet of: 200 W. Washington St., 85003; or 620 W. Washington St., 85003; or 6180 W Encanto Blvd, 85035; or 1700 W Washington St., 85007; or 320 W Lincoln St., 85003; or 201 S 4th Ave., 85003; or 9th Ave at Jefferson St., 85007; or 2035 N Central Ave. 85004 from May 26, 2020 to January 6, 2021.

Files may include, but are not limited to, operation plans/checklists, emails, equipment lists, flight plans, and incident reports.

Arizona Public Records Law carries with it a presumption that all records are “open to the public for inspection as public records.” Carlson v. Pima County, 141 Ariz. 487, 490, 687 P.2d 1242 (1984). If this request is denied in part or in whole, please indicate the specific grounds for denial under the Public Records law and provide the name and address of the person to whom I may direct an appeal. All agreeable portions of otherwise exempt material must be produced. Moreover, under another Arizona Supreme Court case, the burden of justifying non-disclosure is on the party that seeks non-disclosure rather than on the party that seeks access. Mitchell v. Superior Court, 142 Ariz. 332, 690 P.2d 51, 53 (1984).

Thank you for your cooperation. Your earliest consideration is greatly appreciated.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

Russell Facente

Hello,

Thank you for the prompt response. In response to your 3/8/21 email: Yes, please use the email as a new request. I have copied it in this email for redundancy.

In the event that your department requires clarity on individual terms, words, phrases in the records request, please specify the exact language at issue and for what reason you are not able to continue under that language. I expect any language that does not create issue will not be delayed in processing by your department. (For example, if there is an issue with "emails," there should be no reason to delay procurement of "operation plans.")

In the event that one type of record would delay the transmission of the other types (e.g., emails, flight plans etc. are ready for transmission but the redaction of operation plans will take days more to complete), please transmit the available records while noting the delayed records and anticipated date of completion and release.

Thank you and have a great weekend.

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To Whom It May Concern:

Pursuant to the Arizona Public Records Law, I hereby request the following records:

Any files on or related to the protests and public assemblies which temporarily occupied public areas (including, but not limited to, parks, parking lots, roads, and sidewalks) within 500 feet of: 200 W. Washington St., 85003; or 620 W. Washington St., 85003; or 6180 W Encanto Blvd, 85035; or 1700 W Washington St., 85007; or 320 W Lincoln St., 85003; or 201 S 4th Ave., 85003; or 9th Ave at Jefferson St., 85007; or 2035 N Central Ave. 85004 from May 26, 2020 to January 6, 2021.

Files may include, but are not limited to, operation plans/checklists, emails, equipment lists, flight plans, and incident reports.

Arizona Public Records Law carries with it a presumption that all records are “open to the public for inspection as public records.” Carlson v. Pima County, 141 Ariz. 487, 490, 687 P.2d 1242 (1984). If this request is denied in part or in whole, please indicate the specific grounds for denial under the Public Records law and provide the name and address of the person to whom I may direct an appeal. All agreeable portions of otherwise exempt material must be produced. Moreover, under another Arizona Supreme Court case, the burden of justifying non-disclosure is on the party that seeks non-disclosure rather than on the party that seeks access. Mitchell v. Superior Court, 142 Ariz. 332, 690 P.2d 51, 53 (1984).

Thank you for your cooperation. Your earliest consideration is greatly appreciated.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

Russell Facente