City of Seattle v. Egan
City of Seattle v. Egan
Opinion of the Court
¶1 — The Public Records Act (PRA), chapter 42.56 RCW, is a legislatively created right of access to public records. The legislature is free to restrict or even eliminate access without offending any constitutional protection. The city of Seattle (City) brought a declaratory action for the limited purpose of determining the applicability of the privacy act’s
FACTS
¶2 On September 23, 2011, James Egan requested records from the Seattle Police Department’s Office of Professional Accountability’s (OPA) internal investigation regarding complaints against four officers. Included in the request were 36 “dash-cam” videos that OPA reviewed in the investigations of those complaints. The City provided Egan with some records but refused to release 35 of the 36 dash-cam videos, claiming those were exempt from disclosure under RCW 9.73.090(l)(c). RCW 9.73.090(l)(c) prohibits the City from providing videos to the public until final disposition of any criminal or civil litigation that arises from the event or events that were recorded.
¶3 Egan disputed the application of that exemption and threatened to sue. The City filed a motion for declaratory judgment and a preliminary injunction against Egan. RCW 42.56.540 authorizes a court to enjoin production of a public record falling under an exemption. The City wanted to resolve any uncertainty and to avoid the accumulation of potential penalties should Egan delay suing. The City noted that it was involved in a pending lawsuit in which access to dash-cam videos was one of the issues.
ANALYSIS
¶5 A strategic lawsuit against public participation — otherwise known as a “SLAPP” suit — is a meritless suit filed primarily to chill a defendant’s exercise of First Amendment rights.
(a) Any oral statement made, or written statement or other document submitted, in a legislative, executive, or judicial proceeding or other governmental proceeding authorized by law;
(b) Any oral statement made, or written statement or other document submitted, in connection with an issue under consideration or review by a legislative, executive, or judicial proceeding or other governmental proceeding authorized by law;
(c) Any oral statement made, or written statement or other document submitted, that is reasonably likely to encourage or*338 to enlist public participation in an effort to effect consideration or review of an issue in a legislative, executive, or judicial proceeding or other governmental proceeding authorized by law;
(d) Any oral statement made, or written statement or other document submitted, in a place open to the public or a public forum in connection with an issue of public concern; or
(e) Any other lawful conduct in furtherance of the exercise of the constitutional right of free speech in connection with an issue of public concern, or in furtherance of the exercise of the constitutional right of petition.
Egan argues that all of the subsections apply to the present case. We disagree.
¶6 Here, the City’s declaratory judgment action under RCW 42.56.540 asked the court to determine whether the City had properly applied RCW 9.73.090(l)(c) in denying Egan’s PRA request for the dash-cam videos. Under that statute, Egan is a necessary party. Because the legislature’s intent in adopting RCW 4.24.525 was to address “lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances,”
¶7 The policy of the PRA requires a court to recognize “that free and open examination of public records is in the public interest, even though such examination may cause inconvenience or embarrassment.” RCW 42.56.550(3).
¶8 The United States Supreme Court revealed that there is not a general constitutional right of access to government information.
¶10 This case is more similar to a subsequent case dealing with Proposition 65. In American Meat Institute v. Leeman,
One purpose of declaratory relief is “to liquidate doubts with respect to uncertainties or controversies which might otherwise result in subsequent litigation. One test of the right to institute proceedings for declaratory judgment is the necessity*341 of present adjudication as a guide for plaintiff’s future conduct in order to preserve his legal rights.”[20]
Likewise Egan’s reliance on Dove Audio, Inc. v. Rosenfeld, Meyer & Susman
¶11 The fact that one party’s protected activity may have triggered the other party’s cause of action does not necessarily mean the cause of action arose from the protected activity. In City of Cotati v. Cashman,
¶12 Further, to hold that the anti-SLAPP statue would prohibit the City from seeking declaratory and injunctive relief would vitiate the section of the PRA expressly providing for such actions. We must read the PRA and the anti-SLAPP statute to be in harmony:
The principle of reading statutes in pari materia applies where statutes relate to the same subject matter. Such statutes “must be construed together.” “In ascertaining legislative purpose, statutes which stand in pari materia are to be read together as constituting a unified whole, to the end that a harmonious, total statutory scheme evolves which maintains the integrity of the respective statutes.”[24]
Because we construe the PRA to allow the City to seek declaratory and injunctive relief and we determine that the City’s action was not primarily concerned with limiting Egan’s protected activity, we conclude the anti-SLAPP statute does not apply here.
¶13 We affirm the trial court’s dismissal of Egan’s antiSLAPP motion.
Reconsideration denied March 12, 2014.
Ch. 9.73 RCW.
Strategic Lawsuits Against Public Participation, RCW 4.24.525.
RCW 9.73.090(l)(c) provides:
No sound or video recording made under this subsection (l)(c) may be duplicated and made available to the public by a law enforcement agency subject to this section until final disposition of any criminal or civil litigation which arises from the event or events which were recorded. Such sound recordings shall not be divulged or used by any law enforcement agency for any commercial purpose.
Fisher Broadcasting v. City of Seattle, No. 87271-6, argued before the Supreme Court on May 14, 2013.
Laws op 2010, ch. 118, § 1; U.S. Const, amend. I. Under Laws of 2002, ch. 232, § 1, amending former RCW 4.24.510, “SLAPP suits are designed to intimidate the exercise of First Amendment rights and rights under [a]rticle I, section 5 of the Washington [Sítate Constitution.”
City of Longview v. Wallin, 174 Wn. App. 763, 776, 301 P.3d 45, review denied, 178 Wn.2d 1020 (2013); see Eugster v. City of Spokane, 139 Wn. App. 21, 33, 156 P.3d 912 (2007) (The interpretation and application of a statute are reviewed de novo.).
RCW 4.24.525(4)(b) provides:
A moving party bringing a special motion to strike a claim under this subsection has the initial burden of showing by a preponderance of the evidence that the claim is based on an action involving public participation and petition. If the moving party meets this burden, the burden shifts to the responding party to establish by clear and convincing evidence a probability of prevailing on the claim. If the responding party meets this burden, the court shall deny the motion.
Laws of 2010, ch. 118, §l(a).
Burt v. Dep’t of Corr, 168 Wn.2d 828, 833, 231 P.3d 191 (2010) (holding that a person who requests public records is a necessary party and must be joined in any action brought under RCW 42.56.540).
561 U.S. 186, 195-96, 130 S. Ct. 2811, 177 L. Ed. 2d 493 (2010) (emphasis omitted).
Reed, 561 U.S. at 196 (alterations in original) (quoting Citizens United v. Fed. Election Comm’n, 558 U.S. 310, 366, 130 S. Ct. 876, 175 L. Ed. 2d 753 (2010)).
Neigh. Alliance of Spokane County v. Spokane County, 172 Wn.2d 702, 261 P.3d 119 (2011).
Yakima County v. Yakima Herald-Republic, 170 Wn.2d 775, 791, 246 P.3d 768 (2011) (quoting Soter v. Cowles Publ’g Co., 162 Wn.2d 716, 731, 174 P.3d 60 (2007) (quoting Hearst Corp. v. Hoppe, 90 Wn.2d 123, 127, 580 P.2d 246 (1978))).
See Houchins v. KQED, Inc., 438 U.S. 1, 98 S. Ct. 2588, 57 L. Ed. 2d 553 (1978) (holding that the right of access to government information or sources of information within the government’s control is not mandated by the First or Fourteenth Amendments).
Shero v. City of Grove, 510 F.3d 1196, 1201 (10th Cir. 2007).
29 Cal. 4th 53, 52 P.3d 685, 124 Cal. Rptr. 2d 507 (2002).
Equilon, 29 Cal. 4th at 57-58.
Equilon, 29 Cal. 4th at 57.
20 Leeman, 102 Cal. Rptr. 3rd at 768-69 (citation omitted) (internal quotation marks omitted) (quoting Meyer v. Sprint Spectrum LP, 45 Cal. 4th 634, 647, 200 P.3d 295, 88 Cal. Rptr. 3d 859 (2009)).
47 Cal. App. 4th 777, 54 Cal. Rptr. 2d 830 (1996).
29 Cal. 4th 69, 52 P.3d 695, 124 Cal. Rptr. 2d 519 (2002).
Cashman, 52 P.3d at 703.
24 Hallauer v. Spectrum Props., Inc., 143 Wn.2d 126, 146, 18 P.3d 540 (2001) (internal quotation marks and citations omitted) (quoting In re Pers. Restraint of Yim, 138 Wn.2d 581, 592, 989 P.2d 512 (1999); State v. Wright, 84 Wn.2d 645, 650, 529 P.2d 453 (1974)).
Reference
- Full Case Name
- The City of Seattle v. James Egan
- Cited By
- 13 cases
- Status
- Published