Public Records Law

Radio Law Talk Segment

Public Records Law

 

INTRO:

            New organizations are filing law suits telling officials to release more information about the Las Vegas Shooting. They claim they are violating public records law by keeping many of the details a secret.

 

ISSUES:

  • The government is saying the case is still under investigation and they do not have to submit release the documents until their investigation is over with. It will not be as fast as people want. This is an important investigation, we want to do it correct. Rushing it and release information preemptively might damage the case.
  • News outlets: It has been over a month since it started, they should at least be able to release more than they have. Especially information concerning all of the warrants they have issued, considering they state the shooter worked alone. If the shooter acted alone as you have stated, what is the harm in releasing the information? By law it will be released.

 

LAW:

Nevada Revised Statute . 239.010     https://www.leg.state.nv.us/NRS/NRS-239.html

  1. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

 

  1. A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

 

DETAILED FACTS:

News organizations are suing under Nevada Law to have the government, specially the police to release more details on the Las Vegas shooting. It has been three weeks since the last update. The public has a very big interest in knowing how the government is responding to the deadliest shooting in the nation’s history.

OTHER FACTS:

  • The Legislature’s intent is clear. As NRS 239.001 says, the public records law is “to foster democratic principles.” Nevada’s Public Records law “must be construed liberally” and “any exemption, exception or balancing of interests which limits or restricts access…must be construed narrowly.”
  • Exceptions: local government entities are not required to disclose identifying information of a person using a recreational facility or engaging in a recreational, instructional or other event sponsored by a local government entity, unless the person seeking such a record has a valid court order, subpoena, or is a journalist.
  • Songs about Nevada
    • “Silver State Fanfare” – the official state march by Gerald G. Willis. Codified by the Nevada Legislature in 2001 at NRS 235.035
    • “Nevada State March” by J.P. Meder (1848-1908), 1894
    • “Sin City” by AC/DC
    • “Sands of Nevada” from Mark Knopfler‘s 2000 release Sailing to Philadelphia
    • “Sin City” from Limbeck‘s 2005 release Let Me Come Home
    • Home Means Nevada“, the state song of Nevada, by Bertha Rafetto
    • “Nevada” by Riders in the Sky from the album Best of the West
    • “Night Time In Nevada” by Dulmage/Clint/Pascoe, 1931
    • “Nevada’s Grace” by Atreyu, twelfth track off 2004’s The Curse
    • “Battle Born” by The Killers, last track on the 2012 album also named Battle Born
    • “Winner’s Casino” by Richmond Fontaine off the 2002 album Winnemucca
    • “Reno” by Doug Supernaw off the album Red and Rio Grande released in 1993.
    • “Ooh Las Vegas” by Gram Parsons off the album Return of the Grievous Angel.
    • “Darcy Farrow” by Jimmie Dale Gilmore off the album One Endless Night.
    • Viva Las Vegas” recorded by Elvis Presley (1963)
    • “Goldfield” by Rocky Votolato off of the album Makers (2006)
    • “Vegas Lights” from Panic! at the Disco
    • Album Too Weird To Live, Too Rare To Die (released 2013)
  • In 2008 GDP of Nevada was 131 Billion

 

ARTICLE LINKS:

www.foxnews.com/us/2017/11/02/las-vegas-shooting-news-organizations-file-lawsuits-alleging-officials-are-violating-public-records-law.html

https://ballotpedia.org/Nevada_Open_Records_Act

https://www.leg.state.nv.us/NRS/NRS-239.html

https://www.aclunv.org/en/nevadas-public-records-law

 

 

 

MEDIA

https://www.youtube.com/watch?v=FZdkOwUC9LU (funny medical records)

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