Alabama Governor Exempts 911 Recordings from Public Records Laws

Alabama Governor Bob Riley signed into law a bill that exempts 911 recordings from release under the state's public records laws. Only a court order will compel the disclosure of the audio tapes if the court first finds the public interest outweighs the individual's privacy interest. Transcripts of the 911 calls may be release for a "reasonable fee."

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Four States Propose Restrictions to 911 Call Recordings

In a troublesome shift away from transparency, Alabama, Ohio, Wisconsin, and Florida are proposing legislation to limit the media's access to 911 call recordings.

Alabama calls for all emergency recordings to be private and exempt from freedom of information laws unless a court order issues, although transcripts could be available.

Ohio would restrict 911 recordings, banning public access to recordings while allowing transcripts to be read on air. Ohio would levy monetary fines of $10,000 for violations by media outlets.

Wisconsin would keep all audio recordings confidential and would make transcripts available upon request. A proposed amendment would allow the media to inspect, but not copy or disseminate transcripts.

Florida would make audio recordings confidential unless obtained by court order, and would only release transcripts after 60 days.

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Florida House Committee Approves Bill to Ban Release of 911 Calls

The Florida House Governmental Affairs Policy Committee voted to approve a bill to block access to 911 recordings. The measure would allow access to only the transcript of emergency calls after a 60 day wait.

The Florida AP reports Gov. Charlie Crist has indicated he would not sign the bill, if passed by the state legislature.

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The Tiger Woods Protection Act?

The Florida House Governmental Affairs Policy Committee will consider a bill that would block the release of 911 tapes and exempt them as public records. The proposal would allow only transcripts of 911 calls, but not the recordings, to be available 60 days after a request. Some are calling the bill the Tiger Woods Protection Act, noting how the November 2009 tapes gained through the state's open government laws lead to embarrassment for the professional golfer.

Under the current law, names, addresses and other identifying information is exempt from release.

Open government advocates say access to the recordings is necessary to gauge whether emergency service providers handle and respond to calls properly and in a timely manner. A 2009 three-part series by the Herald-Tribune shows how access to 911 calls is necessary to reveal systemic flaws by emergency call workers.

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Three States Weigh Keeping 911 Calls from Public

Alabama, Ohio and Wisconsin lawmakers have proposed barring the release of 911 calls, citing privacy concerns and a potential chilling effect on people's willingness to call 911 for fear of the call being broadcast later.

Open government advocates disagree, arguing that the calls should be public as they can aid public safety and news organizations should be able to air the calls on a case-by-case basis.

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Proposed Law Would Keep 911 Call Recordings from Wisconsin Public

Wisconsin lawmakers are considering a bill that would no longer treat 911 call recordings as a public record. The bill would allow a transcript of the call to be released, however. Lawmakers in favor of the bill say the move would protect the privacy of callers; however, opponents maintain call recordings reveal important information concerning public safety.

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Records of Alleged Sexual Assaults by a Former NC Police Officer Ordered to be Released

A Mecklenburg, NC judge has ordered the release of all 911 tapes and police radio communications associated with former Officer Marcus Jackson, who was arrested and fired after several women accused him of sexually assaulting them during traffic stops.

Superior Court Judge Richard Boner ruled the recordings are public records subject to disclosure, and did not find that the release of the recordings would jeopardize the state's prosecution of the former police officer or his right to a fair trial.

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Group requests audio/videotapes concerning Gates' arrest

Judicial Watch filed a Massachusetts Public Records Request for any audiotapes or videotapes recorded before, during or after the arrest of Henry Louis Gates, according to Marketwire.

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has filed a Massachusetts Public Records Request with the Cambridge, MA, Police Department regarding the arrest of Harvard Professor Henry Louis Gates. Specifically, Judicial Watch seeks the following records:

Any audiotapes or videotapes recorded prior to, during, or after the arrest of Harvard Professor Henry Louis Gates on July 16, 2009.

On July 16, Sergeant James Crowley responded to a 911 phone call from a passerby reporting two men attempting to force open the door at Professor Gates' Harvard Square home. Professor Gates claims that he had just returned from a trip to China and his front door was jammed. He asked his driver to help him force it open.

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Also, 911 Tape Raises Questions in Gates Case, NYTimes: "The woman who called 911 to report a possible breaking and entering at the home of Prof. Henry Louis Gates Jr. told the dispatcher that she had “no idea” if the two men she saw were breaking in and said that, in fact, they might live there." The recording was released by the Cambridge Police Department.

NFOIC Summit: Kentucky FOIA roundup

State-by-state updates at the 2009 NFOIC Summit: Terry Anderson of the University of Kentucky provided a summary of his state's FOI news.

• The state trying to revive the Kentucky Citizens for Open Government.
• The governor and attorney general are committed to open government. The chief justice just started a review of court rules on openness with the intention of opening them up more. Kentucky has a bigger problem with the legislature. The lawmakers don't seem committed.
• One legislator is determined to prevent the use of 911 calls in broadcasting.
• There is a legislative attempt to extend First Amendment rights to high school journalists.
• There also was a proposal to create a legislative investigative agency that would investigate other branches of government; however, its operations would have been exempted from public records.
  

Okla. judge releases 911 tape

The recording of a 911 call from a Pryor, Okla., woman who drowned after her car was swept into the floodwaters was released, Tulsa World reported. An attorney representing the victim's family argued that the release served no public purpose and would cause the family "severe and irreparable injury and harm" in the form of "emotional trauma."

A Mayes County judge on Monday approved the release of a 911 recording from a Pryor woman who died this month after her car was swept away in floodwaters.

In issuing his order, District Judge Terry McBride blocked a permanent injunction sought by William Kendrick against 911 service operator Mayes Emergency Services Trust, which contacted the Kendrick family after receiving media requests for the recording. William Kendrick's daughter, Kimberlyn Rae Kendrick, pleaded for help in a 911 call to the emergency service before she drowned May 2.

On Monday, McBride told the court that Kimberlyn's "final words seem private. However, there is no exception in the Oklahoma (Open) Records Act that I could find to deny access to those public records."

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Recordings of 911 calls may no longer be public records

A Kentucky bill that would ban the airing of 911 calls has garnered much support, The Associated Press reported. People would still be allowed to "listen to the call and take notes and to obtain written transcripts of calls." However, certain details, such as name and medical information, would be deleted. The measure is supposed to protect citizens from having their emotional 911 calls released.

A measure that would prevent 911 calls from being aired on TV, radio and Web sites cleared its first legislative hurdle yesterday and now heads to the Senate floor for a vote.

The Senate Judiciary Committee approved Senate Bill 30 despite the concerns of broadcasters who say it smacks of censorship.

"It certainly starts us down a very slippery slope," said Nancy Cox, a news anchor with WLEX-TV in Lexington.

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