by In a continuing case concerning the public release of drone footage taken by its police department, Chula Vista will request that the state Supreme Court revisit a previous court’s decision.
The city is requesting such a review in this matter for the second time.
The case began in 2021 when Arturo Casta Ares, publisher of La Prensa San Diego, filed a complaint under the California Public Records Act requesting copies of a month’s worth of CVPD drone recordings.
According to Casta Ares, the goal of his case was to determine whether the police department’s use of drones was legal.
The city turned down the request, claiming that some of the films were related to ongoing investigations and that others would infringe on the private rights of the people they were shot.
Since then, the matter has alternated between lower and appellate courts.
According to Superior Court Judge Timothy Taylor’s most recent ruling in the matter, the city should make over two dozen recordings available to Casta residents; but, due to privacy issues, some of the videos should be pixelated.
The Chula Vista City Council decided last week to request a review of Taylor’s decision by the California Supreme Court.
The city stated in a statement that at least some of the recent finding was incorrect and that it would request that the state court examine the decision in order to clarify any unclear language in the Casta area case that would make it difficult to respond effectively to future requests under the California Public Records Act.
The statement doesn’t say which terminology needs to be clarified or whether portion of the decision was deemed wrong.
The city’s statement went on to say that while it may occasionally release drone footage of incidents to show the community how effective the program is, its main objective is to protect residents’ privacy when it is appropriate and to get clear guidance on when disclosure of drone footage is permitted by California law.
Get neighborhood news in your inbox. It’s free and enlightening.
Become one of the 20,000+ individuals who receive breaking news alerts and the Times of San Diego in their inbox every day at 8 a.m.
Weekly updates from San Diego communities have also been provided! You acknowledge and agree to the terms by clicking “Sign Up.” Choose from the options below.
Taylor agreed with the city’s argument in his initial ruling in the case in 2023 that the video could not be made public because it was investigatory material and therefore protected by an exemption.
Casta Ares contested the ruling, and in December 2023, the 4th District Court of Appeal decided that although a large portion of the drone footage might be exempt, it was wrong to conclude that all of the video material might be linked to investigations.
The city also requested a review of the decision from the California Supreme Court, arguing that the appellate court’s decision would jeopardize the privacy of the public in this instance or in subsequent requests for public documents.
However, the matter was returned to Taylor after the state’s supreme court declined to hear it in April 2024.
