Abdur-Rashid v. New York City Police Dep't

July 22, 2015

Abdur-Rashid filed a FOIL request with the New York Police Department after the Associated Press reported that the department was conducting surveillance of Muslim communities. The NYPD refused to confirm or deny whether responsive records existed -- which under federal FOIA is known as a "Glomar" response. The trial court accepted the department's argument. The Reporters Committee argued to the N.Y. Supreme Court Appellate Division (1st Dept.) that judicial incorporation of the Glomar doctrine into FOIL would work a profound change to this State's statutory open records regime that was not contemplated or adopted by the Legislature. Allowing state and local agencies to issue Glomar responses will make it more difficult for the press to keep citizens informed about the activities of their government, as journalists routinely rely on FOIL to gain access to important information.