November 22, 2006
Judge to order DPS to release Capitol camera footage

Elsewhere in video camera news, the Texas Observer has won a legal victory that may have some interesting ramifications. From their press release:


A state district judge has decided that the Texas Department of Public Safety has no legal right to keep the public from seeing videotape footage taken by security cameras in a hallway of the state Capitol building.

Acting in an 18-month long dispute prompted by a Texas Observer open records request, 345th District Court Judge Stephen Yelenosky sent a letter to interested parties Monday, Nov. 20, saying he will formally rule that state law does not allow DPS to keep the tapes secret.

“This was all about the public’s right to know,” said Observer Executive Editor Jake Bernstein. “DPS has no right to shield the government’s business from public view.”

In May 26, 2005, the Observer asked DPS to release two hours of videotape shot on May 23 by cameras in the second floor hallway behind the House chamber. The hallway is a common spot for lawmakers and others to huddle off the floor while the House is in session. On that day, the House debated a controversial school voucher proposal. The Observer sought the videotape to confirm or dispel rumors that James Leininger, a wealthy San Antonio Republican donor and voucher proponent, was in the hallway arm-twisting representatives.

DPS sought a ruling from state Attorney General Greg Abbott’s office on whether it must release the tapes. When Abbott said yes, DPS sued his office. It argued that the Texas Homeland Security Act, passed in 2003, allowed it to keep the tapes secret because releasing them might give useful information about Capitol security to terrorists or other criminals.

While Abbott’s office was the named defendant in the case, the Observer, represented by Jeremy Wright of Kator, Parks & Weiser, intervened. The Austin American-Statesman also filed a friend of the court brief supporting the Observer’s position.

After a hearing Monday morning on motions for summary judgment filed by both sides, Yelenosky distributed a letter saying he could find nothing in state open records law that allowed DPS to withhold the information.

Yeleonsky noted that state public records laws are meant to be “liberally construed” in favor of releasing information to the public. “If the legislature intends to make otherwise public information secret because it was gathered through a means that reveals security information, it must do so explicitly,” Yelenosky wrote.

The judge gave attorneys two weeks to draft and submit a formal ruling for his signature. While it is still possible that DPS will appeal the case “the legal issue is fully decided,” said Jeremy Wright, who represented the Observer.

Well, I for one would like to know if Leininger was there. Anyone at the Observer know how to upload to YouTube?

Posted by Charles Kuffner on November 22, 2006 to Legal matters | TrackBack
Comments

Poetic justice. You conservative lawmakers want a permanent record of every move John Q. Public makes? Fine, but John Q. Public gets to see every move you conservative lawmakers make too!

I wonder what the odds are that, if this ruling holds up, the Texas Lege suddenly develops a keen interest in having old surveillance tapes destroyed after a month or so?

DPS ... argued that the Texas Homeland Security Act, passed in 2003, allowed it to keep the tapes secret because releasing them might give useful information about Capitol security to terrorists or other criminals.

I haven't been to the Capitol, but it's hard to imagine what "useful information" might possibly be revealed to "terrorists or other criminals" by this tape. The location of this particular security camera is the only thing I can think of, and that only makes sense if the camera is truly hidden - not just covered by one of those grey plastic domes like most public surveillance cameras are. And if it is truly hidden, surely there are others! How "useful" could the location of a single hidden camera be?

Posted by: Mathwiz on November 24, 2006 2:59 PM