Demonstration drone footage
| Tracking # |
24-468 |
| Submitted | March 14, 2024 |
| Due | March 25, 2024 |
| Est. Completion | March 26, 2024 |
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Communications
From: Matthew Petti
To Whom It May Concern:
Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:
Any footage (video or photo) taken by the Hackensack Police Department's drone at the March 10, 2024 demonstration in Teaneck.
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 7 business days, as the statute requires.
Sincerely,
Matthew Petti
From: City of Hackensack
Hello,
Your Open Public Record Act (OPRA) Request has been received by the Hackensack City Clerk’s Office.
Be advised, the City Clerk's Office has seven (7) business days (not including holidays and weekends) to response to the request.
Thank you
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From: Matthew Petti
Dear Ms. O'Brien,
I hope this message finds you well. This is Matthew Petti and I am writing in regards to my OPRA request sent on March 14. Do you have any update on when I could expect a response?
Sincerely,
Matthew
From: City of Hackensack
Hello,
The City Clerk’s Office received the attached via fax today March 25, 2024.
Per the email sent on March 15, 2024, the Clerk’s Office has seven (7) business days (not including holidays and weekends) to respond to OPRA requests.
This request has a due date of March 26, 2024.
Thank you,
Taylor O'Brien
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From: City of Hackensack
Hello,
Please see the attached response for your OPRA Request (ref. no. 24-468)
Thank you,
Taylor O'Brien (she/her)
City Clerk's Office - OPRA Clerk
65 Central Avenue, 3rd Floor
Hackensack, NJ 07601
(P): 201-646-3940
(F): 201-457-1466
tobrien@hackensack.org<mailto:tobrien@hackensack.org>
From: Matthew Petti
Dear Ms. Karlsson,
I hope this message finds you well, and that you are having a restful holiday weekend. My name is Matthew Petti and I am writing in regards to your OPRA response dated March 26, 2024. Thank you for your prompt response to my request.
However, I object to this denial. The Supreme Court’s decision in Gilleran relates to static security cameras, which are placed on a building and do not move. In contrast, a drone moves and is more on part with a policy body camera, dash camera, etc. There is no security issue in disclosing it.
Additionally, you cannot meet your burden by saying the video “may implicate privacy concerns.” A mere image of a juvenile or any other person in a public place does not warrant redaction, as there is no reasonable expectation of privacy in public. Similarly, “may also implicate matters relating to ongoing law enforcement investigations” is not an exemption.
I look forward to hearing to your response soon.
Best regards,
Matthew
From: Muckrock Staff
Dear Ms. Karlsson,
I hope this message finds you well, and that you are having a restful holiday weekend. My name is Matthew Petti and I am writing in regards to your OPRA response dated March 26, 2024. Thank you for your prompt response to my request.
However, I object to this denial. The Supreme Court’s decision in Gilleran relates to static security cameras, which are placed on a building and do not move. In contrast, a drone moves and is more on part with a policy body camera, dash camera, etc. There is no security issue in disclosing it.
Additionally, you cannot meet your burden by saying the video “may implicate privacy concerns.” A mere image of a juvenile or any other person in a public place does not warrant redaction, as there is no reasonable expectation of privacy in public. Similarly, “may also implicate matters relating to ongoing law enforcement investigations” is not an exemption.
I look forward to hearing to your response soon.
Best regards,
Matthew
From: City of Hackensack
Hello,
We write with respect to your April 5, 2024 reply to the City's March 14, 2024 response to your Open Public Records Act ("OPRA") request (ref. no. 24-468). Your reply objects to the City's denial of access pursuant to OPRA's security exemption and based upon protecting the citizens' reasonable expectation of privacy who attended the Teaneck demonstration held on March 10, 2024. The City evaluated its prior response in light of your reply, and its position remains that you are not legally entitled to access the requested materials. In addition to the reasons set forth in the City's March 14, 2024 response, an additional reason that the requested materials are exempt from public access is that the underlying footage constitutes law enforcement records relating to citizens who were neither arrested nor charged. See Fuster v. Twp. of Chatham, 477 N.J. Super. 477 (App. Div. 2023) (determining that government records involving a person who has not been arrested or charged with an offense are entitled to confidentiality based upon long-established judicial precedent). As such, the City is legally precluded from releasing any footage of citizens generated during the March 10th demonstration. We trust that this correspondence satisfies your concerns, and we again note that the City is closing out your OPRA request.
Thank you,
Taylor O'Brien (she/her)
City Clerk's Office - OPRA Clerk
65 Central Avenue, 3rd Floor
Hackensack, NJ 07601
(P): 201-646-3940
(F): 201-457-1466
tobrien@hackensack.org<mailto:tobrien@hackensack.org>
From: Matthew Petti
Dear Ms. O’Brien,
I also want to make sure you’ve considered my common law right to this video. I understand you’re denying access under OPRA, but I believe there is a strong common law right to access the video in order to monitor the police department’s use of surveillance techniques on First Amendment activities and to better understand what occurred during the protest. Any claimed privacy right is minimal because this took place in public, and blurring of faces would suffice. Can you please let me know if you’ll grant access under the common law?
Sincerely,
Matthew Petti
From: Matthew Petti
Dear Ms. O’Brien,
I just want to follow up on my previous email. Is there any determination on whether I have a common law right to this video?
Sincerely,
Matthew Petti
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