A superior court judge ordered the Los Angeles County Metropolitan Transportation Authority to provide detailed justifications for withholding records related to its Sepulveda Transit Corridor project that would connect West Los Angeles to the San Fernando Valley.
Judge Stephen I. Goorvitch wrote that some of LA Metro's Planning and Development Assessment deliverables "likely are exempt from disclosure, but that Metro is taking a 'blanket approach' with respect to every document in the PDA process."
The judge ordered the parties to meet to solve the dispute and set a status conference for Oct. 4.
"Today the court validated what LA citizens have long believed - that the substantial amount of documentation the LA Metro has refused to provide the public is, in fact, subject to the California's Public Records Act," said Eric George, a partner at Ellis George LLP.
George represents a community group called Keep Bel-Air Beautiful that filed a petition for a writ of mandate, requesting that Metro comply with the California Public Records Act. The group seeks access to records concerning Metro's analysis and outreach efforts regarding a proposed tunnel beneath Bel-Air. Keep Bel-Air Beautiful v. Los Angeles County Metropolitan Transportation Authority, Case No. 23STCP00869 (LA Super. Ct., Aug. 1, 2024)
Dave Sotero, a spokesperson for the transit agency, said in a statement: "Metro will comply with the court's order. In response to KBAB's requests for documents regarding the Sepulveda Transit Corridor Project, Metro provided many responsive documents, and legitimately withheld or redacted some documents pursuant to various exemptions recognized under the Public Records Act. These exemptions are at issue in pending litigation initiated by KBAB which will ultimately be resolved by the Court."
But Goorvitch found that Metro has not provided sufficient information to support its privilege claims. Metro must demonstrate that the public interest in nondisclosure clearly outweighs the public interest in disclosure, he said.
The project, in the planning phase, is undergoing an environmental review. The records requested by Keep Bel-Air Beautiful include those related to proposed routes, safety concerns, budget forecasts and potential cost overruns.
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