Vireo Health of New York
| Tracking # |
#170605-000443 |
| Submitted | May 25, 2017 |
| Est. Completion | None |
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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.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 25, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
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.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 25, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number ##170605-000443.
Thanks for your help, and let me know if further clarification is needed.
From: Metropolitan Transportation Authority (MTA), Headquarters
A no responsive documents response.
From: Cutler, Ann
Please see attached.
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/
---------------------------------------------------------------
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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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.
From:
Hi there,
We wanted to let you know that we've updated our
https://click.info.mta.org/?qs=1177a7157b62b036db478fc7b4667432cd2454aa0153b0adb76074b7f11ccfa925c595387f81c5ce1f37c51c970966ffd40a244221ea1fef
Privacy Policy , effective today. This includes changes to how we may collect and use your personal information, and your options for what we collect and how we use it.
Here's a brief overview of the changes:
- We've changed how we use location data that you may opt in to sharing within the TrainTime app.
- We've updated our policy on sharing personal information with our partners for promotional or research purposes.
- We've provided additional information about the location data that you may opt in to sharing within the new MTA app as part of the new optional "Smart Alerts" feature.
- We've provided information about when we may contact you by email, and how you can opt out of receiving messages from us.We encourage you to
https://click.info.mta.org/?qs=1177a7157b62b036db478fc7b4667432cd2454aa0153b0adb76074b7f11ccfa925c595387f81c5ce1f37c51c970966ffd40a244221ea1fef
read the full privacy policy .
Thank you for riding with us.
Metropolitan Transportation Authority
2 Broadway, New York, NY 10004
Please note that this is a legal notice, which is why you are receiving it even if you have opted out of receiving MTA marketing emails.
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