Underage Drinking in Boston

CJ Ricci filed this request with the Boston Police Department of Boston, MA.
Tracking #

B003626-112923

Status
Rejected

Communications

From: CJ Ricci

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

Any police records/documents pertaining to the arrest of underage individuals for alcohol consumption, and/or the possession of fake identifications by the Boston Police Department.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not made for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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 10 business days, as the statute requires.

I am a student at Tulane University conducting research.

Sincerely,

CJ Ricci
cricci@tulane.edu

From: Boston Police Department

Dear CJ Ricci
Thank you for your interest in public records of Boston Police Department. Your request has been received and is being processed. Your request was received in this office on 11/29/2023 12:02:01 AM and given the reference number B003626-112923 for tracking purposes.
If this is a media request, please contact the Office of Media Relations directly at 617.343.4520.
To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

Any police records/documents pertaining to the arrest of underage individuals for alcohol consumption, and/or the possession of fake identifications by the Boston Police Department.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not made for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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 10 business days, as the statute requires.

I am a student at Tulane University conducting research.

Sincerely,

CJ Ricci
cricci@tulane.edu

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Director, Public Information
Boston Police Department

From: Boston Police Department

--- Please respond above this line ---

CJ
What time frame are you looking for?

From: CJ Ricci

I am looking for records from 2015 to the present, please.

Sincerely,
CJ

From: Boston Police Department

--- Please respond above this line ---

First, your request does not comply with the Public Records Law (PRL), G.L. c. 66 and 950 C.M.R. 32.00. Your request is excessively broad, and so broad that it is not permitted by the PRL. The Supervisor of Public Records requires that public records requests must reasonably describe the records sought. G. L. c. 66, § 10(a)(i).
In a recent Suffolk Superior Court case, the court found that under the PRL “[t]he reasonable description requirement contemplates that a requesting party will identify documents or categories of documents with sufficient particularity that government employees will be able to understand exactly what they are looking for, and then make a prompt production.” , Suffolk. Sup. No. 1784CV02087, at 2 (January 23, 2019). Chawla v. Dep't of Revenue
The court further indicated “[r]equests for documents that are articulated with very broad language that calls upon non-lawyer administrative personnel to interpret the scope of what is sought, and then make fine judgments about what documents are and are not sufficiently ‘related’ to the category of materials requested, will satisfy this statutory standard.” not Id. (emphasis in original).
In accordance with G. L. c. 66, § 10(a)(i) and the Chawla decision described above, whereas you seek “all information and documents” or “any and all communications, documents, e-mails, text messages, voice recordings, and other information or tangible evidence” “pertaining” to elections for example, it is unclear with “sufficient particularity” which records you seek. Thus, your request “calls upon non-lawyer administrative personnel to interpret the scope of what is sought, and then make fine judgments about what documents are and are not sufficiently ‘[regarding]’ the category of materials requested.” Chawla, at 2.
Therefore, your request is not legal and not permitted under the PRL.

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