Open Record Request: Documents provided to attorney David Mour related to militia members detained

Shawn Breen filed this request with the Louisville Metro Police Department of Louisville-Jefferson County, KY.
Est. Completion None
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Fix Required

Communications

From: Shawn Breen


To Whom It May Concern:

Pursuant to the Kentucky Open Records Act, I hereby request the following records:

Copies of all documents provided to attorney David Mour related to militia members detained on June 29, 2020. Please reference the July, 2020 open records request filed by David Mour as well as this news article which describes the documents. Please provide copies of all documents provided to David Mour whether they are mentioned in the article or not.

https://www.whas11.com/article/news/local/attorney-sues-lmpd-for-information-on-incident-involving-men-with-guns/417-6886fedf-1292-4055-8671-de5bf6a3b784

Please also include a copy of the open records request from David Mour.

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 3 business days, as the statute requires.

Sincerely,

Shawn Breen

From: Louisville Metro Police Department

Per the first attachment 'filing requests through MuckRock starts at just $20.00 to file up to four requests....' The LMPD is treating your request as a Commercial Purpose request. Per KRS 61.870 (4)(a) a Commercial Purposes request is defined as...'the direct or indirect use of any part of a public record or records, in any form, for sale, resale, solicitation, rent or lease of a service, or any use by which the user expects a profit either through commission, salary or fee.' Fees charged by Metro Louisville departments vary, see below for a breakdown of hourly charges. Please complete, notarize and return the attached Commercial Purpose form via email (notary not required at this time and you do not have to mail the original form back if you have emailed it) to move forward with your request. If this form is not returned in 10 business days (Friday, June 26, 2020) your request will be closed.

Metro fee per department - $25.00 per hour and up

From: Shawn Breen

Dear unknown person,

In future correspondence related to this request, please sign your name so that I know whom to refer to in my appeal related to the misapplication of the Kentucky Open Records Act (ORA) Ky.Rev.Stat..Ann. 61.870 to .884 to the Attorney General of Kentucky.

https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37294

It appears as though you have made an error. Muckrock is a registered non-profit. You may learn more about this at Muckrock’s “About Us” section, where it very clearly states in the first sentence, that Muckrock is a non-profit.

https://www.muckrock.com/about/

Financial information for the Muckrock service may be found here:

https://www.muckrock.com/financial/

As you have copied text from the website in your response, it appears as though you might have benefitted from a few extra seconds of reading.

Non-profit organizations are by definition non-commercial as they do not derive a profit.

I am not an employee or agent of the Muckrock service. I am an independent journalist. The purpose of Muckrock is to facilitate and track my requests. The monthly fee that I pay is a user fee for a Professional account, but this user fee does not in any way make my request commercial in nature. My journalism is 100 percent free of charge to all readers and as previously stated, this request is non-commercial in nature.

I respectfully request that you see the error in your response and provide the records as originally requested. In the event that you feel you have not made an error in this response, please reply with your name so that I may specifically refer to you in my future appeal to the Attorney General of Kentucky.

Very kindly,
Shawn Breen

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