Records related to protest and encampment at Tulane University

Sarah Jones filed this request with the New Orleans Police Department of New Orleans, LA.
Tracking #

24-8118

Status
Rejected

Communications

From: Sarah Jones

Dear Public Information Officer,

Pursuant to the Louisiana Public Records Law, I am seeking access to records related to the law enforcement response at Tulane University during the protest and subsequent encampment between April 29, 2024 and May 2, 2024. This protest was part of a wider movement related to the conflict in Gaza and has been noted for its significant impact on campus safety and public expression.

Requested Records:

Digital Documents:

Body Camera Footage: Complete recordings from body-worn cameras of all officers engaged from the beginning to the end of their deployment at the protest and the subsequent encampment that spread onto St. Charles Avenue—which constitutes public property.

Legal support: ACLU v. Alvarez, 679 F.3d 583 (7th Cir. 2012) affirms the public’s right to record public officials in public settings, which supports the disclosure of body camera footage. I am requesting body cam footage from all NOPD officers sent to Tulane University and the area between Jefferson Ave/St. Charles to Lowerline St./St. Charles Avenue between April 29, 2024 and May 2, 2024.

Radio Transmissions: All audio recordings and transcripts of radio communications involving law enforcement personnel during the protest, the subsequent encampment, and the dissolving of the encampment between April 28, 2024 and May 2, 2024.

Legal support: Scott v. United States, 436 U.S. 128 (1978) indicates the public interest in accessing law enforcement communications for transparency.

Text Communications: All SMS and instant messages sent to and from officers concerning the enforcement activities at the protest, the encampment, and the broader Tulane University between April 29, 2024 and May 2, 2024.
Legal support: Judicial Watch, Inc. v. U.S. Department of Commerce, 34 F. Supp. 2d 28 (D.D.C. 1998) supports the release of communications to ensure transparency in governmental operations.

Aerial Footage: All video recordings from helicopters, drones, or any other unmanned aerial vehicles (UAVs) used during the protest.

Legal support: Electronic Frontier Foundation v. Department of Transportation, 2015 (finding that aerial surveillance footage is subject to disclosure under FOIA to allow public analysis of governmental surveillance practices).
Physical Documents: Incident Reports and Briefings: All written reports, memos, and briefing documents pertaining to the law enforcement activities during the protest and in the aftermath of the encampment’s dismantling between April 28, 2024 and May 11, 2024.

Legal support: Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989) supports the disclosure of law enforcement records for public scrutiny.

Operational Plans: Documents issued between March 2020 and May 2024 detailing the strategies and guidelines used for managing protests, including any internal documents or memoranda related to how to engage with protests involving Tulane University Police, Tulane University students, and other Tulane community members.

Legal support: NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214 (1978) demonstrates the public's right to understand the strategic operations of public authorities.

Legal Precedents and Public Interest Justification:

The requested information is of significant public interest, particularly concerning government operations at public protests and the specific enforcement tactics employed against movements advocating for international human rights and resistance against oppression. The release of these records will enhance public understanding and facilitate informed community oversight.

Fees and Document Delivery:
Please inform me of any potential fees associated with the processing of this request. I request a waiver of all fees as this disclosure is primarily in the public interest, contributing substantially to the understanding of government operations and is not for commercial purposes. I prefer to receive the documents electronically, via email or on a CD-ROM if electronic transfer is impractical.

Response Time and Contact:
I anticipate your response within the statutory timeframe prescribed by law. Should you require any clarification or have questions regarding this request, please do not hesitate to contact me at the provided phone number or email address.

Thank you for your attention and cooperation. I look forward to your prompt and thorough handling of this request, as dictated by applicable laws and regulations.

Sincerely,
Sarah Jones

From: New Orleans Police Department

City of New Orleans

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Your record request #24-8118 has been submitted successfully.

Thank you, the City of New Orleans Law Department has received your Public Records Law request.

Your request has been forwarded to the City department or office which is the custodian of the records you requested. The custodian will determine whether responsive records exist, and if so, compile the records for your review.

Please refer to the due date located on the individual "Request #" page for an estimate of when your records, if any, will be available. This estimated due date may be adjusted depending on the nature of your request.

Note also that records may be in active use at this time and therefore not available for immediate review. Additionally, in accordance with the Louisiana Public Records Law, the City of New Orleans strives to promptly release all records which contain only public information and are not otherwise exempt from the Public Records Law. The City must balance its commitment to open access with its legal obligation to review public records for such exceptions and exemptions prior to release.

Also, please note that there may be a delay in responding to requests for email. Requests for email must first be sent to the City's IT Department to retrieve the requested emails. The emails must then be examined to determine if there is any material that must be redacted for privacy concerns and otherwise.

As soon as the custodian notifies our office that the records have been compiled you will be invoiced by email. Once you pay the invoice, you may download the records. Alternatively, you may schedule a time to review or purchase copies of the records. Thank you for your request, and we look forward to working with you to provide public records in a fair and efficient manner.

Thank you,

City of New Orleans

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From: New Orleans Police Department

City of New Orleans

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The due date for record request #24-8118 has been changed to:

May 24, 2024

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From: New Orleans Police Department

City of New Orleans

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Record request #24-8118 has been closed. The closure reason supplied was:

Ms. Jones,

Records responsive to your request are exempt from disclosure under the the Louisiana Public Records Law because they relate to pending or reasonably anticipated criminal litigation. See La. Rev. Stat. § 44:3A(1). Accordingly, the records will not be made available for your review.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of New Orleans.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>

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