Petrelis Files

NYPD: Unable to Index, Release ACT UP Files

A month ago, I filed a basic public records request with the New York Police Department for documents about ACT UP and today the cops wrote back with a standard denial letter. I have a copy of it in PDF and if you need in that format, email me about it.

I find it highly unsatisfactory that the cops claim they don't keep records in such a way as to allow them to easily search for any files on a given protest group. I will, of course, appeal to the cops on a few matters, starting with asking them, well, how exactly do they index their records.

In addition, I've already requested any documents they may have on me and my years of being an ACT UP member, and once the cops send a reply, I'll share it here.

It's also important for other ACT UP members to file Freedom of Information Law requests with the police department and see what, if anything, other AIDS activists can shake loose from the cops' archive.

Can we be frank, for a moment? I don't think there's a sane person on the planet who believes, after hundreds of demonstrations over myriad HIV issues in the Big Apple over the decades, that one, the cops don't have files on ACT UP; and two, that the cops have indexing-deficient.

Let's make 2006 the year in which the NYPD release their files on ACT UP.

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February 21, 2006

New York Police Department
Freedom of Information Law (FOIL Unit)
1 Police Plaza
New York, NY 10038

Re: ACT UP Files, Documents & Records

Dear Sir or Madam:

Under the provisions of New York’s Freedom of Information Law, I hereby request copies of, or access to, all files, documents and records pertaining to, or that mention, the group ACT UP, also known as the AIDS Coalition to Unleash Power.

This request is for copies of any records pertaining to ACT UP, regardless of the format in which the records are stored. Examples include, but are not limited to the following storage medium: paper files, DVDs, video and audio tapes, CDs, PowerPoint slide, PDFs and email messages.

If there are any fees for copying the records requested, please inform me before filling the request.

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly.

If you have questions or need clarification, contact me.

Regards,
Michael Petrelis

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March 24, 2006

File #: 2006-PL-0920

Dear Sir or Madam:

This is in response to your letter dated 2/21/2006 in which you requested access to certain records under the New York State Freedom of Information Law (FOIL).

The Freedom of Information Law allows access to existing documents reasonably described and does not necessitate the creation of a document. I am unable to provide access to these documents on the basis that the New York City Police Department does not index records in the format you requested.

Should you so desire, you may appeal this decision or any portion thereof. Such an appeal must be made in writing, within thirty (30) days of this letter, and must be forwarded to:

Jonathan David
Records Access Appeal Officer
NYC Police Department
1 Police Plaza, Room 1406
New York, NY 10038

Sincerely,
James Russo
Sergeant