Angeles Chapter Fights for Public's Right to Public Data

The Angeles Chapter is waging a legal battle, which will determine whether the public has the right to obtain certain types of data from state and local agencies in California. On April 21, 2009 the Sierra Club filed suit in Orange County Superior Court to compel County of Orange to provide the Club with an electronic copy of its GIS parcel data under the California Public Records Act (PRA). The final hearing of the case in the trial court is coming up soon and we expect the case to be to appealed, whoever wins in the trial court. The Court of Appeal opinion may create a precedent on the issue that other California courts must follow.

The Sierra Club uses Geographic Information Systems (GIS) parcel data obtained from counties to make maps in support of conservation campaigns. The data contains the geographic location and boundaries of each parcel of land within the county, as well as related information such as the Assessor Parcel Number, the street address, and the owner's name and address. TheChapter's GIS Committee has used Los Angeles County parcel data in making several of its conservation maps. As a result of Sierra Club GIS Committee inquiries three years ago, L.A. County decided to comply with the PRA, as interpreted by an official opinion of the California Attorney General, and provide the GIS parcel data to any member of the public who requests it, for the cost of duplication - $8.00. The great majority of California counties provide this data at a similar low cost, as required by the PRA

The issue of whether disclosure of GIS parcel data is required by the PRA was litigated in Santa Clara County. In 2006 the California First Amendment Coalition (CFAC) sued Santa Clara County for its GIS parcel data in a suit similar to ours. CFAC won in the trial court and on appeal. The published opinion in that case created new law, but the Court of Appeal did not consider in that case whether GIS parcel data is exempt from disclosure under the PRA as 'computer software' under Government Code § 6254.9.

Orange County is making the argument that the parcel data is exempt as computer software, and it may take another trip to the Court of Appeal to resolve this once and for all. The argument could be expanded to exempt other types of data kept on computers by government agencies. As more public records are kept on computer systems the exemption from PRA disclosure could grow to encompass a large percentage of public records statewide.

The Sierra Club's attorneys, Sabrina Venskus and Theresa Labriola, are representing the Sierra Club in this litigation pro bono. The outcome of this case may determine the rights of citizens throughout California to obtain computer data from cities, counties, and other public agencies under the Public Records Act. Its impact will be felt not just by California environmentalists, but also by newspapers, activists of all types, and by ordinary citizens interested in monitoring their government.

For further information, please contact Dean Wallraff.