News & Analysis as of

Public Access Laws

District Court Denies Certification of Nationwide Class, Finding Individual Retail Stores’ Alleged Failures to Follow Internal...

by Carlton Fields on

An Illinois district court recently denied certification, finding that the putative nationwide class failed the commonality and numerosity prongs of Rule 23(a) and that injunctive relief was not available under Rule 23(b)(2)...more

PAC Finds Library Board’s General Description of Action Item Complies with OMA

by Franczek Radelet P.C. on

Government bodies subject to the Open Meetings Act (OMA) sometimes struggle to strike the right balance between too much and too little detail contained in their published Board meeting agendas. A recent advisory opinion from...more

Appellate Court Holding Extends FOIA to College Foundation

by Franczek Radelet P.C. on

Recently the Second District Appellate Court issued an opinion holding that the Illinois Freedom of Information Act (FOIA) applied to certain records in the possession of the College of DuPage Foundation, a 501(c)(3) entity...more

PAC Upholds Municipality’s Denial of Request for FOIA Fee Waiver

by Franczek Radelet P.C. on

The Public Access Counselor recently issued a non-binding opinion holding that public bodies have the discretion to decide whether to waive or reduce copying fees associated with the production of documents responsive to FOIA...more

The Employment Law Authority - March/April 2017

EXECUTIVE ORDERS MARK A RISING, ROILING TIDE OF IMMIGRATION ENFORCEMENT ACTIONS - In his first week in office, President Donald Trump launched a series of executive orders (EO) directing large-scale changes on...more

UC Berkeley To Remove More Than 20,000 Online Videos From Public Access In Response To DOJ Captioning Demand

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Fewer online videos from UC Berkeley will available to the public as a result of a DOJ demand that the videos have closed captioning....more

New Law Requires Gender Neutral Restrooms

by Ervin Cohen & Jessup LLP on

Existing law requires a businesses that serve the public or are open to the public and maintain toilet facilities to make those facilities available to the public free of charge. Existing law also states that publicly and...more

California Adopts Broad Gender-Neutral Bathroom Rules–Signage Rules Expand Beyond ADA Concerns

by Jackson Lewis P.C. on

Effective March 1, California’s Equal Restroom Access Act (ERAA) will require some single-occupancy restrooms to have signs indicating they are gender-neutral....more

Arizona Attorney General Secures Dismissal of 1,700 Lawsuits By Serial Plaintiffs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A state court has granted the Arizona Attorney General’s Motion To Dismiss approximately 1,700 Arizona access lawsuits on grounds that the organizational and individual plaintiffs lacked standing to sue....more

IL Supreme Court Interprets OMA Requirement for Public Recital Prior to Final Action

by Franczek Radelet P.C. on

The Illinois Supreme Court recently affirmed the decisions of the lower courts, which had overturned a Public Access Counselor opinion, in Board of Education of Springfield School District No. 186 v. the Attorney General of...more

Emerging Trends Newsletter - Q4

by Stinson Leonard Street on

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection...more

The Final Four Binding PAC Opinions of 2016 Remind School Districts of FOIA and OMA Requirements

by Franczek Radelet P.C. on

In the final days of the year, the Illinois Public Access Counselor (PAC) issued four binding opinions that reiterate the requirements of both the Freedom of Information Act (FOIA) and the Open Meetings Act (OMA). Below is a...more

Google Maps App Now Tells Users If Locations Are Accessible, But Is It Accurate and Reliable?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Google Maps now provides information on accessibility, but the information may not be particularly reliable or useful to gauge accessibility....more

Village of Asharoken Opts Out of Federal Beach Project

by Farrell Fritz, P.C. on

Asharoken, N.Y. January 10, 2017–Swayed by public opinion and perceived elitism, the Incorporated Village of Asharoken (“Asharoken”) opted out of a federal beach nourishment plan implemented by the Army Corp of Engineers...more

Commercial Lease Alert: New Access Law Disclosure Requirements In Leases Effective January 1, 2017

Under current California law, commercial real property owners are required to state in every lease agreement whether the property leased has undergone inspection by a Certified Access Specialist (“CASp”) and, if so, whether...more

Police Arrest Videos Not Considered Confidential

by Best Best & Krieger LLP on

The California Supreme Court recently denied considering an appellate court ruling from a case in Eureka that police arrest videos cannot be considered confidential officer personnel records and therefore kept from public...more

California Environmental Law & Policy Update - December 2016 #3

by Allen Matkins on

Environmental and Policy Focus - Trump picks Perry for top U.S. energy job - Reuters - Dec 15 - President-elect Donald Trump on Wednesday named former Texas Governor Rick Perry to head the U.S. Department...more

Battle Between Arizona Attorney General And Serial Lawsuit Filer Heats Up

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A disability advocacy group behind approximately 1,700 Arizona access lawsuits breaks new ground by filing suit against the Arizona Attorney General, in an unusual counter-attack to the AG’s motion to...more

Who Owns a Noise – Should Data Collected in a Public Space by a Private Company be Generally Accessible to the Public?

While law enforcement have access to new technology owned by third parties that assist them with protecting the public, questions arise as to who should own the data gathered by that technology. Sometimes, it is the...more

PAC FOIA Opinions Address “Unduly Burdensome” factor, Personal Privacy Exemption and Public Records

by Franczek Radelet P.C. on

In three separate opinions rendered in November, the Public Access Counselor (PAC) of the Illinois Attorney General provided guidance regarding the Freedom of Information Act (FOIA) on the definition of “unduly burdensome,”...more

GAO Calls for Easier Public Access to SNF Expenditure Data

by Reed Smith on

The Government Accountability Office (GAO) recently issued a report highlighting concerns with the public accessibility and reliability of skilled nursing facility (SNF) expenditure data collected by CMS. While CMS has posted...more

Court of Appeals Holds Email Deliberations Among a “Quorum" of a Public Body Violates the Open Meetings Act

by Miller Canfield on

The Michigan Court of Appeals has ruled that email deliberations among a quorum of public body members violates the Open Meetings Act. The Nov. 1, 2016, unpublished opinion was issued by a three-judge panel in the case of...more

PAC Ruling Further Clarifies Impermissible Restrictions on Public Comment

by Franczek Radelet P.C. on

One of the most legally perilous jobs of a school board is to preside over the public participation portion of a meeting. The key for a board is to balance its need to run efficient and orderly meetings with the ability of...more

Does Your Bank's Website Violate The ADA?

by Bracewell LLP on

There has been a recent surge in claims brought by people with visual and hearing impairments alleging that company websites violate the accessibility standards of the Americans with Disabilities Act (ADA). Until now, these...more

HHS Issues Final Rule that Expands the Requirements for Disclosure of Clinical Trial Data to ClinicalTrials.gov

by King & Spalding on

On September 21, 2016, the Department of Health and Human Services (HHS) published a final rule that greatly expands the information that sponsors of “applicable drug clinical trials” and “applicable device clinical trials”...more

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