Home > Business Law, Construction Law, Real Estate Law > Cal. Supreme Court Enforces Public Records Act

Cal. Supreme Court Enforces Public Records Act

In Sierra Club v. Superior Court (No. S194708), the California Supreme Court just issued its ruling enforcing a Public Records Act Request under Government Code Section 6250, et seq. The Supreme Court ruled, that the lower court had improperly denied the Sierra Club’s petition for writ of mandate to compel a defendant-county to provide the Orange County Landbase, a geographic information system (GIS) database in a GIS file format as a public record for a fee covering only the direct cost of duplication. The Supreme Court held that 1) although GIS mapping software falls within the ambit of the computer software exclusion under the California Public Records Act, a GIS-formatted database like the OC Landbase at issue here does not; and 2) accordingly, such databases are public records that, unless otherwise exempt, must be produced upon request at the actual cost of duplication. Key to the ruling it seems, was the principle that the Public Records Act and the California Constitution provide the public with a right of access to government information, and that “Openness in government is essential to the functioning of a democracy.” (Citations omitted). Ultimately, the Supreme Court sided with the public’s right to access of such public government records.

– All Rights Reserved © 2013 by Michael L. Mau, Esq. and The Mau Law Firm


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