Occupy Wall Street Protest

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

To obtain documents related to the Occupy Wall Street protest that took place in New York City between September 17, 2011, and November 15, 2011. Specifically, I am requesting documents related to surveillance of the protest and any other relevant documents.

***Please read this request carefully. Failure to comply with the request or provide all responsive records in a timely manner may result in legal action, including filing a complaint with the Civilian Complaint Review Board and the Mayor's Office, as well as seeking relief in court to compel the production of the responsive records.***

The Occupy Wall Street protests took place at various locations throughout New York City, including but not limited to Zuccotti Park (located in the Financial District), Foley Square (located in Lower Manhattan), Union Square (located in the East Village), Washington Square Park (located in Greenwich Village), Tompkins Square Park (located in the East Village), Bryant Park (located in Midtown Manhattan), City Hall Park (located in Lower Manhattan), Columbus Circle (located at the southwest corner of Central Park), Brooklyn Bridge (a bridge connecting Manhattan and Brooklyn), Times Square (located in Midtown Manhattan), and Grand Central Terminal (located in Midtown Manhattan).

During this time, there were reports of excessive police force and other misconduct towards protestors by NYPD officers. As such, I request access to any and all records related to surveillance of the protests at these locations, including but not limited to, intelligence gathering, information sharing with other law enforcement agencies, and reports on any protest-related incidents. Additionally, I request documents related to the following specific events that took place at these locations:

Zuccotti Park: The initial encampment and general assembly of the Occupy Wall Street movement.
Foley Square: The October 1, 2011, march and rally led by labor unions and community groups in support of Occupy Wall Street.
Union Square: The September 24, 2011, rally that was one of the largest protests during the Occupy Wall Street movement.
Washington Square Park: The October 8, 2011, student-led rally in support of Occupy Wall Street.
Tompkins Square Park: The October 22, 2011, Occupy Halloween march and rally.
Bryant Park: The November 3, 2011, Bank Transfer Day protest.
City Hall Park: The November 15, 2011, eviction of the Occupy Wall Street encampment.

Furthermore, I am requesting access to any other relevant documents, including but not limited to, communications between NYPD personnel or with other agencies, memos, policies, procedures, training materials, and guidelines related to the surveillance of the protests. This request includes records that may have been generated by interagency collaboration or cooperation.

In addition, I request any video footage that may have been taken by NYPD Community Affairs officers during the Occupy Wall Street protests. Furthermore, I request access to any complaints filed against NYPD officers during the Occupy Wall Street protests that are related to their conduct towards protestors.

I understand that locating responsive records may require the use of certain keywords and phrases. Therefore, I suggest that the following key strings be used in the search for responsive records:

Occupy Wall Street
OWS
Zuccotti Park
Foley Square
Union Square
Washington Square Park
Tompkins Square Park
Bryant Park
City Hall Park
Columbus Circle
Brooklyn Bridge
Times Square
Grand Central Terminal
Community Affairs
Complaints
Surveillance
Intelligence gathering
Information sharing
Reports
Memos
Policies
Procedures
Training materials
Guidelines
I request that all responsive records be provided without redactions or deletions, unless a specific legal exemption applies. If records are withheld or redacted, I request that the basis for withholding or redaction be clearly stated, and that any segregable portions of the records be released.

Furthermore, I request that the responsive documents be provided to me on a rolling basis as they become available, rather than waiting until all records have been compiled. This will enable me to more quickly review and analyze the records, as well as identify any additional documents that may be necessary to request.

Please note that FOIL mandates that records be provided to the public, and withholding or redacting responsive records may only be done under specific legal exemptions. If any responsive records are withheld, redacted, or deleted, please provide the legal justification for doing so. Failure to comply with this request may result in legal action, including filing a complaint with the Civilian Complaint Review Board and the Mayor's Office, as well as seeking relief in court to compel the production of the responsive records.

Finally, I would like to cite the following court cases and local laws to support my FOIA request:

Matter of New York Times Co. v. City of New York, 735 N.Y.S.2d 380 (Sup. Ct. 2001)
Matter of Daily News, L.P. v. New York City Police Dept., 15 N.Y.3d 385, 911 N.E.2d 1140 (2010)
Matter of Murray v. City of New York, 107 A.D.3d 785, 967 N.Y.S.2d 462 (2d Dep't 2013)
New York Public Officers Law, Article 6

These cases and laws establish that FOIL requires government agencies to provide requested records unless they fall under specific exemptions, and that the exemptions must be narrowly construed. Therefore, I urge the NYPD to comply with my FOIA request and provide all responsive records in a timely manner.

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,

Jordan Lassiter

***Please read this request carefully. Failure to comply with the request or provide all responsive records in a timely manner may result in legal action, including filing a complaint with the Civilian Complaint Review Board and the Mayor's Office, as well as seeking relief in court to compel the production of the responsive records.***

The Occupy Wall Street protests took place at various locations throughout New York City, including but not limited to Zuccotti Park (located in the Financial District), Foley Square (located in Lower Manhattan), Union Square (located in the East Village), Washington Square Park (located in Greenwich Village), Tompkins Square Park (located in the East Village), Bryant Park (located in Midtown Manhattan), City Hall Park (located in Lower Manhattan), Columbus Circle (located at the southwest corner of Central Park), Brooklyn Bridge (a bridge connecting Manhattan and Brooklyn), Times Square (located in Midtown Manhattan), and Grand Central Terminal (located in Midtown Manhattan).

During this time, there were reports of excessive police force and other misconduct towards protestors by NYPD officers. As such, I request access to any and all records related to surveillance of the protests at these locations, including but not limited to, intelligence gathering, information sharing with other law enforcement agencies, and reports on any protest-related incidents. Additionally, I request documents related to the following specific events that took place at these locations:

Zuccotti Park: The initial encampment and general assembly of the Occupy Wall Street movement.
Foley Square: The October 1, 2011, march and rally led by labor unions and community groups in support of Occupy Wall Street.
Union Square: The September 24, 2011, rally that was one of the largest protests during the Occupy Wall Street movement.
Washington Square Park: The October 8, 2011, student-led rally in support of Occupy Wall Street.
Tompkins Square Park: The October 22, 2011, Occupy Halloween march and rally.
Bryant Park: The November 3, 2011, Bank Transfer Day protest.
City Hall Park: The November 15, 2011, eviction of the Occupy Wall Street encampment.

Furthermore, I am requesting access to any other relevant documents, including but not limited to, communications between NYPD personnel or with other agencies, memos, policies, procedures, training materials, and guidelines related to the surveillance of the protests. This request includes records that may have been generated by interagency collaboration or cooperation.

In addition, I request any video footage that may have been taken by NYPD Community Affairs officers during the Occupy Wall Street protests. Furthermore, I request access to any complaints filed against NYPD officers during the Occupy Wall Street protests that are related to their conduct towards protestors.

I understand that locating responsive records may require the use of certain keywords and phrases. Therefore, I suggest that the following key strings be used in the search for responsive records:

Occupy Wall Street
OWS
Zuccotti Park
Foley Square
Union Square
Washington Square Park
Tompkins Square Park
Bryant Park
City Hall Park
Columbus Circle
Brooklyn Bridge
Times Square
Grand Central Terminal
Community Affairs
Complaints
Surveillance
Intelligence gathering
Information sharing
Reports
Memos
Policies
Procedures
Training materials
Guidelines
I request that all responsive records be provided without redactions or deletions, unless a specific legal exemption applies. If records are withheld or redacted, I request that the basis for withholding or redaction be clearly stated, and that any segregable portions of the records be released.

Furthermore, I request that the responsive documents be provided to me on a rolling basis as they become available, rather than waiting until all records have been compiled. This will enable me to more quickly review and analyze the records, as well as identify any additional documents that may be necessary to request.

Please note that FOIL mandates that records be provided to the public, and withholding or redacting responsive records may only be done under specific legal exemptions. If any responsive records are withheld, redacted, or deleted, please provide the legal justification for doing so. Failure to comply with this request may result in legal action, including filing a complaint with the Civilian Complaint Review Board and the Mayor's Office, as well as seeking relief in court to compel the production of the responsive records.

To further emphasize the legal basis for my request, I would like to cite additional court cases and local laws:

1. Matter of Gannett Co. v. County of Monroe, 89 A.D.2d 443 (4th Dept. 1982): This case underscores the importance of disclosing public records in the interest of transparency and the public's right to know.

2. Matter of Daily Gazette Co. v. City of Schenectady, 93 N.Y.2d 145 (1999): This case established that FOIL requires government agencies to provide access to records unless there is a specific exemption, and such exemptions should be narrowly construed.

3. Matter of Data Tree, LLC v. Romaine, 9 N.Y.3d 454 (2007): This case reaffirms the principle that FOIL is intended to make government records available to the public and should be liberally construed to achieve this purpose.

4. Matter of Xerox Corp. v. Town of Webster, 65 A.D.2d 762 (4th Dept. 1978): This case reaffirms the public's right to access government records and the importance of transparency.

5. Matter of Encore College Bookstores, Inc. v. Auxiliary Services Corp. of State University of New York College at Brockport, 113 A.D.3d 1075 (4th Dept. 2014): This case emphasizes the need for public access to records held by government entities.

These cases and laws further support my FOIA request and highlight the legal and public interest in obtaining the requested records. I urge the NYPD to comply with my FOIA request and provide all responsive records in a timely manner.

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,

Jordan Lassiter

NOTICE OF APPEAL AND DEMAND FOR JUDICIAL REVIEW
Regarding: FOIL Request No. FOIL-2023-056-08639

From:
Jordan Lassiter

Date: March 15, 2025

To:
New York City Police Department FOIL Appeals Office
One Police Plaza
New York, NY 10038

⸻

Dear FOIL Appeals Officer,

I am writing to formally appeal the closure of my New York Freedom of Information Law (FOIL) request (FOIL-2023-056-08639) regarding records related to the Occupy Wall Street protests in New York City, which took place between September 17, 2011, and November 15, 2011. I must also express my concern regarding the lack of any direct notification regarding the closure of my request.

Grounds for Appeal
1. Arbitrary Closure Without Notification:
Despite the NYPD’s action to close my FOIL request on October 25, 2023, I did not receive any direct notice of this closure. Under FOIL requirements and the principles of due process, I am entitled to timely and clear notification regarding any action taken on my request. The failure to provide such notification not only undermines transparency but also hinders my ability to promptly address and contest this decision.
2. Failure to Comply with Statutory Obligations:
The closure of my request on the grounds that production would require “extraordinary efforts” does not align with the narrowly construed exemptions allowed under the New York Freedom of Information Law. FOIL mandates that responsive records be provided unless a specific and narrowly defined exemption applies.
3. Conflict with Established Case Law and Legal Standards:
The decision to close my FOIL request conflicts with established legal precedents, including but not limited to:
and the mandates of New York Public Officers Law, Article 6.
Additionally, other relevant cases that underscore the public’s right to access government records include:
• Matter of Gannett Co. v. County of Monroe, 89 A.D.2d 443 (4th Dept. 1982)
• Matter of Daily Gazette Co. v. City of Schenectady, 93 N.Y.2d 145 (1999)
• Matter of Data Tree, LLC v. Romaine, 9 N.Y.3d 454 (2007)
• Matter of Xerox Corp. v. Town of Webster, 65 A.D.2d 762 (4th Dept. 1978)
• Matter of Encore College Bookstores, Inc. v. Auxiliary Services Corp. of State University of New York College at Brockport, 113 A.D.3d 1075 (4th Dept. 2014)

Requested Relief

I respectfully demand the following actions without further delay:
• Immediate Reconsideration: Reopen the FOIL request and produce all responsive records without improper redactions, except those clearly covered by statutory exemptions.
• Detailed Notification: Provide a full explanation and legal justification for the closure, including the criteria under which “extraordinary efforts” were determined to be required, and why no direct notification of closure was sent.
• Compliance with FOIL: Confirm that the actions taken conform to both the statutory requirements and the principles established in the aforementioned case law.

Notice of Further Legal Action

Please be advised that if this appeal is not addressed promptly and in accordance with the legal standards under FOIL, I will have no alternative but to pursue all available legal remedies. This includes filing a formal complaint with the Civilian Complaint Review Board, the Mayor’s Office, and seeking judicial intervention to compel the production of the requested records.

I trust that you will review this appeal with the urgency and seriousness it merits. I expect to receive a response within the time frame stipulated by law.

Thank you for your prompt attention to this matter.

Sincerely,

Jordan Lassiter