Lawsuit Filed Against L.A. City Over Withheld Text Messages

The Los Angeles Times has initiated legal action against the city of Los Angeles, alleging that city officials have improperly withheld and erased text messages from Mayor Karen Bass and other public records related to the wildfires in January. Despite the city releasing numerous communications between Mayor Bass and other officials, they contend that they are not obligated to do so under state public records laws, a stance challenged by The Times.

The Importance of Transparency

Kelly Aviles, representing The Times, emphasized the broader implications of the city’s actions, stating, “The city seems to believe they can destroy whatever they want whenever they want, and that they don’t have a duty to the public to retain public records.” This lawsuit highlights a critical issue of governmental transparency and the public’s right to access official communications.

Details of the Withheld Communications

Mayor Bass was abroad in Ghana with a Biden administration delegation during the onset of the January fires, a decision now scrutinized due to its timing. The Times has published exchanges that reveal early responses by the mayor as the crisis unfolded, which were nearly lost as Bass’ messages were set to auto-delete after 30 days. This is a stark contrast to the two-year retention period mandated by the city’s administrative code.

After initial denials and claims of deletion, the mayor’s office managed to recover about 125 messages, although some were redacted or withheld. David Michaelson, counsel to the mayor, insists that the office continues to comply with public records requests. However, he also stated that the texts were “ephemeral” and thus not subject to public scrutiny, a claim disputed by The Times.

Broader Implications for Public Records

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The Times’ legal challenge argues against the notion that officials can delete texts at any time as ‘ephemeral’ until a public records request is received. This would undermine public access to records, allowing officials to evade scrutiny simply by destroying texts post-creation. The lawsuit also points out that other records related to city management of the fires are still being sought by journalists, indicating a pattern of obstruction.

Recent Developments in Public Records Access

The urgency of maintaining transparency in official communications has been underscored by recent events involving senior White House officials and their mishandling of a Signal group chat during a sensitive operation. This incident, along with the ongoing lawsuit in Los Angeles, stresses the need for stringent adherence to public records laws irrespective of the communication medium.

The Times’ attorney, Aviles, remarked on the necessity of retaining and disclosing communications based on their content, not the format. The ongoing lawsuit seeks to ensure that significant records are not arbitrarily destroyed at the discretion of city officials.

This legal battle in Los Angeles not only underscores the challenges in maintaining governmental transparency but also serves as a crucial reminder of the need for stringent public records laws to uphold the principles of accountability and openness in government.