Petrelis Files

SF Sheriff Withholds Tapes of Protesters
Disrupting Gay Weddings

Last week I blogged about reports in the San Francisco Chronicle regarding two gay weddings that were interrupted at City Hall on October 21, and I said if we could lay our hands on the surveillance tapes of the interruptions, or the protesters being led out of the building, the tapes would provide us with powerful image to use against those who favor passing Prop 8.

On Monday I filed a Sunshine Act request with the sheriff's office for the tapes, and this was the denial I received:

Dear Mr. Petrelis,

I am responding to your request for copies of the City Hall surveillance tapes for October 21, 2008 pursuant to the Public Records Act and the Sunshine Ordinance. The records you have requested are not public records and are exempt under Government Code section 6254(f).The surveillance cameras at City Hall are maintained for investigative and security purposes and are specifically exempt from the Public Records Act under 6254(f). If you have any questions, please contact me at the number listed below.

Sincerely,
Freya A. Horne
Assistant Legal Counsel
Sheriff's Department

But Sunshine Act experts strongly disagree with the sheriff's interpretation of section 6254(f) of the act, because it clearly states that surveillance tapes may be withheld if there is an active law enforcement investigation underway involving what's on the requested tapes.

In the case of the City Hall tapes of the afternoon of October 21, there is no investigation of the interruptions. Hence, no legal justification for denying my request.

I am asking you to contact two key people at the SF sheriff's office and politely request that they reverse their refusal to release the surveillance tapes. If you call, please leave a civil message with the live receptionist answering the phone, request a call back. And if you send email, request a written reply.

Here is the info you'll need to participate in this action alert:

Eileen Hirst
Spokesperson, Sheriff's Office
Phone: (415) 554-7225
Email: Eileen.Hirst@sfgov.org

Jim Harrigan
Legal Counsel, Sheriff's Office
Phone: (415) 554-7225
Jim.Harrigan@sfgov.org

Adding insult to injury, the gay weddings that were disrupted were taking place in the rotunda on the second floor, a favorite spot for weddings of straight and gay couples, and the location of the recently installed bust of slain leader Harvey Milk.

Let's pry those tapes out of the SF sheriff's office and show the world how the opponents of gay marriage equality trampled on the institution of marriage in City Hall on October 21.

Many thanks to all who join in this call to action!