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Wednesday, September 14, 2005

DPS sues to hold on to Capitol video

This is interesting as it addresses whether the public has a right to see films of alleged behind-the-scenes armtwisting on legislation at the capitol. Interesting to see how the War on Terror is used as a justification for not making such information available to the public even though we all know that such matters can have enormous impact on public policy. Wonder what others think. -Angela
Fight was prompted by the Texas Observer's request for tapes.
By W. Gardner Selby
AMERICAN-STATESMAN STAFF
Wednesday, September 14, 2005

A journalist's request for a videotape thought to show political arm-twisting has prompted the Texas Department of Public Safety to go to court over Capitol security concerns for the second time since 2003.

A lawsuit filed against Attorney General Greg Abbott in Travis County this month suggests that videos taken by Capitol security cameras should not be available to the public.

Abbott had no comment about the lawsuit Tuesday.

Last month, he said DPS should release the tape. Jake Bernstein, executive editor of the Texas Observer, a biweekly journal, had asked for any video taken of the hallway behind the Texas House chamber on May 23.

Legislators that day rejected a proposal to allow select low-income students to attend private schools with state funding amid speculation that voucher proponent James Leininger of San Antonio was secretively leaning on members.

Bernstein said, "We thought we would try to put those rumors to rest by seeing the video."

The DPS says the release of such tapes could weaken security by yielding insight into camera placement and angles and what they do or don't record.

"Events in recent years have shown that the Texas state Capitol is a likely location for terrorist attacks to occur," Sgt. Donnie Weakly said in a statement filed by the agency in its lawsuit against Abbott over a previous request for a tape.

Weakly called the building's security cameras among the Capitol's first lines of defense.

If tapes were available, he said, anyone could "detail and map out the specifications, operating procedures and location" for the cameras.

Weakly said the Capitol fielded four bomb threats in 2003, and officers responded to 16 anthrax scares from 2001 through 2003.

DPS, in its new lawsuit against Abbott, cites exceptions in state laws on disclosure of government records tied to the detection, investigation or prosecution of crime and information relating to the specifications, operating procedures or location of a security system.

Abbott's office advised the DPS on Aug. 26 that it saw no law enforcement reason to bar the release of the tapes.

DPS "has not adequately shown how the submitted video taken from Capitol security cameras relates to the specifications, operating procedures, or location of a security system used to protect public property from an act of terrorism or criminal activity related to terrorism," states the advisory letter from Ramsey Abarca, an assistant attorney general.

Bernstein said: "This has become an issue about what's a public record. It seems to be a no-brainer."

In March, DPS and Abbott agreed to a judgment in the previous dispute. It states that videotapes showing a Capitol hallway in April 2003 are exempt from disclosure. The tapes had been sought by the Republican Party of Texas after a GOP leadership aide said draft maps of judicial and congressional districts vanished from a meeting room in his absence.

Abbott, who initially said the tapes should be available, relented after being told that they were part of an investigation into the items' disappearance, spokesman Tom Kelley said.

Find this article at:
http://www.statesman.com/metrostate/content/metro/stories/09/14DPSTAPE.html

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