Vireo Health of New York

Luke Stoddard Nathan filed this request with the Metropolitan Transportation Authority (MTA), Headquarters of New York.
Tracking # #170605-000443
Est. Completion None
Status
No Responsive Documents

Communications

From: Luke Stoddard Nathan

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

any and all records--including but not limited to agreements, memoranda, correspondence, and invoices--that reflect or pertain to Vireo Health of New York's (or a subsidiary's or affiliate's) advertising campaign in or around the New York City subway system promoting medical marijuana. This campaign began on or before May 22, 2017 and includes at least four distinct posters, according to this New York Daily News article, which describes the campaign in greater detail and may assist your search for responsive documents: http://www.nydailynews.com/new-york/medical-marijuana-ad-campaign-pops-city-subways-article-1.3186542

Please note that statistical or factual tabulations or data; instructions to staff that affect the public; and final agency policy or determinations cannot be withheld from the public under §87(2)(g) of Public Officers Law, Article 6.

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 5 business days, as the statute requires.

Sincerely,

Luke Stoddard Nathan

From: MuckRock

Hi there,

Could you please confirm receipt of this request? It was initially submitted via mail on May 25, 2017.

Thanks so much for your help.

Best wishes,
Beryl, MuckRock

From: Metropolitan Transportation Authority (MTA), Headquarters

An acknowledgement letter, stating the request is being processed.

From: Cutler, Ann

Hello Mr. Nathan,

Please see attached acknowledgment.

  • FOIL Acknowledgement to Luke Stoddard Nathan-MuckRock (00074177x7A901)

From: Metropolitan Transportation Authority (MTA), Headquarters

A no responsive documents response.

From: Cutler, Ann

Please see attached.

  • FOIL Response to MuckRock-Luke Stoddard Nathan (00075014x7A901)

From: MTA Email

Recently you requested personal assistance from our on-line support
center. Below is a summary of your request and our response.
We are continuing to work on your issue. To update your question with
additional information, click http://mta-nyc2.custhelp.com/app/account/questions/detail/i_id/1484543/track/AvNL0woADv8S~XV~GkMe~yJ5DOUqqS75Mv9~~zj~PP_2/

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Subject
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Vireo Health of New York

Discussion Thread
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Response By Email (Ann Cutler) (06/29/2017 10:34 AM)
Dear Mr. Nathan,

A response to your May 25, 2017 FOIL request was emailed and mailed to you today.

This completes the MTA's response to your FOIL request and this FOIL request will now be closed.

Very truly yours,

Ann Cutler
Paralegal
(212) 878-7315

Customer By CSS Web (Luke Nathan) (06/05/2017 01:42 PM)
On May 25, 2017:
To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

any and all records--including but not limited to agreements, memoranda, correspondence, and invoices--that reflect or pertain to Vireo Health of New York's (or a subsidiary's or affiliate's) advertising campaign in or around the New York City subway system promoting medical marijuana. This campaign began on or before May 22, 2017 and includes at least four distinct posters, according to this New York Daily News article, which describes the campaign in greater detail and may assist your search for responsive documents: http://www.nydailynews.com/new-york/medical-marijuana-ad-campaign-pops-city-subways-article-1.3186542

Please note that statistical or factual tabulations or data; instructions to staff that affect the public; and final agency policy or determinations cannot be withheld from the public under §87(2)(g) of Public Officers Law, Article 6.

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 5 business days, as the statute requires.

Sincerely,

Luke Stoddard Nathan

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Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock
DEPT MR 37997
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
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Question Reference # 170605-000443
Date Created: 06/05/2017 01:42 PM
Date Last Updated: 06/29/2017 10:34 AM
Status: FOIL Received

[---001:002800:03692---]

From: Luke Stoddard Nathan

I hereby appeal the denial of access regarding my May 25, 2017 Freedom of Information Law ("FOIL") request. The denial was made on June 29, 2017. I had requested: "any and all records--including but not limited to agreements, memoranda, correspondence, and invoices--that reflect or pertain to Vireo Health of New York's (or a subsidiary's or affiliate's) advertising campaign in or around the New York City subway system promoting medical marijuana."

The Records Access Officer's ("RAO") denial letter stated that the agency does not have any agreements or invoices responsive to my request, then further claimed that any responsive memoranda or correspondence were exempt from disclosure pursuant to Public Officers Law section 87(2)(g).

My initial request sought "any and all records" related to Vireo Health's subway advertisement campaign. It seems unlikely that the MTA does not possess *any* records that would reflect, for instance, at minimum, the amount of money that the company will pay and/or is expected to pay the MTA for placing advertisements in the subway system. Such records, if they exist, would not be exempt from disclosure under section 87(2)(g), since they would include statistical or factual tabulations or data.

The agency's reliance on section 87(2)(g) is curious. The subway ads, as documented in the news article included with my initial request, were placed in the subway. Evidently, a final agency policy or determination was made to allow those advertisements to be put there. Any such document, if it exists, that memorializes in whole or in part this determination would fall under the scope of my request and would not be exempt from disclosure. Records that reflect the decision-making process, in certain instances, may be exempt from disclosure, but records that reflect decisions that affect the public cannot be withheld.

I therefore believe my request was wrongly denied. Please release all responsive records.

As required by FOIL, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial **fully** in writing as required by law.

In addition, please be advised that FOIL directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, 41 State Street, Albany, New York 12231.

Thank you.

From: Metropolitan Transportation Authority (MTA), Headquarters

A no responsive documents response.

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