Author: Donald Scarinci

Gov. Christie Vetoes Airbnb Bill to Tax Short-Term Rentals

Can Non-New Jersey Residents Pursue OPRA Violations?

A New Jersey Superior Court judge recently addressed whether a non-resident of New Jersey has standing to bring actions to enforce the state’s Open Public Records Act. In Scheeler v. Ocean County Prosecutor’s Office, Judge Judge Mark A. Troncone rejected the standing defense raised by the Ocean County Prosecutor’s Office.

U.S. Supreme Court Issues Key Redistricting Decision

U.S. Supreme Court Issues Key Redistricting Decision

In Evenwel v. Abbott, the U.S. Supreme Court unanimously held that a state or locality may draw its legislative districts based on total population. The landmark redistricting case is the first to define the Constitutional principle of “one person, one vote,” which requires jurisdictions to design legislative districts with equal

NJ Appeals Court Rules Records Custodian Can’t Bring DJ Action

NJ Appeals Court Rules Records Custodians Can’t Bring DJ Action

Records custodians can’t go on the offensive when facing suit under the Open Public Records Act, according to a New Jersey appeals court. In Jeff Carter v. John Doe, the Appellate Division of the New Jersey Superior Court held that a records custodian may not bring a declaratory judgment action

NJ Appeals Court Clarifies OPRA Personnel Exemption

NJ Court: Settlement Agreements Properly Redacted Under OPRA

In C.G. et al v. Winslow Township Board of Education, a New Jersey court held that initials and docket numbers were properly redacted from settlement agreements under the Open Public Records Act (OPRA). The case involved the interplay of OPRA and the Family Educational Rights and Privacy Act, a federal

NJ Supreme Court to Address OPRA’s Applicability to Security Camera Footage

NJ Supreme Court to Address OPRA’s Applicability to Security Camera Footage

The Supreme Court of New Jersey has agreed to consider how to apply the state’s Open Public Records Act (OPRA) to security camera footage. The case, Patricia Gilleran v. Township of Bloomfield, specifically involves whether a municipality must publicly disclose security video footage captured by a stationary camera in a

NJ Appeals Court: Plaintiff Can’t Anonymously Pursue OPRA Complaint

NJ Appeals Court: Plaintiff Can’t Anonymously Pursue OPRA Complaint

The Appellate Division recently ruled against a plaintiff attempting to anonymously pursue a complaint under the New Jersey Open Public Records Act (OPRA) in Superior Court. According to the court’s decision in A.A. v. Gramiccioni, there is no statutory authorization, rule authorization or compelling reason authorizing the plaintiff to prosecute

Third Circuit: Teacher’s Anti-Student Blog Posts Not Protected by First Amendment

Third Circuit: Teacher’s Anti-Student Blog Posts Not Protected by First Amendment

By a vote of 2-1, the Third Circuit Court of Appeals recently held in Munroe v. Central Bucks School District that a Pennsylvania teacher’s anti-student blog posts were not protected under the First Amendment’s free speech guarantee. According to the appeals court, the teacher’s speech did not rise to the

OPRA security footage

NJ Appeals Court Rules Municipality Must Release Security Camera Footage Under OPRA

The Appellate Division recently addressed whether a municipality must publicly disclose security video footage captured by a stationary camera in a municipal building. The decision in Patricia Gilleran v. Township of Bloomfield, highlights that technology is increasingly at the center of disputes involving the state’s Open Public Records Act. The