[VGIS-LISTSERV] State Supreme Court orders town to release aerial photos and maps
Bruce Westcott
For those of you who remember adventures with former Vermont GIS “consultant” Whitaker.
No one can say that he doesn’t have perseverance. . . and he surely has enlivened the public discussion in The Nutmeg State.
Bruce Westcott
Geospatial Metadata Catalog Consultant
Marshfield, Vermont 05658
Tel. +1 (802) 426-3344
LAT: 44,3149223611265 - LON: -72,3597611031777 - Datum: WGS 84
mailto:bspa...@together.net
http://www.intergraph.com/gis/smms/
Subject: [GSDI Legal Econ] Supreme Court orders Greenwich (CT) to release
aerial photos and maps
http://www.stamfordadvocate.com/news/local/state/hc-15121250.apds.m0797.bc-ct--scocjun15,0,3504401,print.story?coll=hc-headlines-local-wire
from Associated Press
June 15, 2005
STAMFORD, Conn. -- The Connecticut (state)
Supreme Court ruled Wednesday that Greenwich must release its computer database
of aerial photographs and maps, rejecting arguments that the information could
be used by criminals or terrorists and would jeopardize the affluent town's
privacy. The town maintains the images in a tightly kept database
known as a geographic information system, which a Superior Court judge declared
to be public records. In a unanimous ruling, the high court rejected the town's
appeal of that decision. Greenwich resident and computer consultant Stephen
Whitaker had filed an appeal with the state Freedom Information Commission
after the town denied his request for an electronic copy of the entire
database.
Town officials have said that the uncontrolled release of detailed information
on infrastructure, public safety facilities, schools and celebrities' homes in
electronic form could lead to breaches in security and privacy. Greenwich
argued the records were exempt from disclosure under the Freedom of Information
Act. State Superior Court Judge Howard Owens Jr. rejected the town's argument
in a Dec. 30, 2003, decision, citing lack of concrete evidence to support its
claim that the materials' release presented an immediate danger to the
community. The high court agreed.
"Such generalized claims of a possible safety risk do not satisfy the
plaintiff's burden of proving the applicability of an exemption from disclosure
under the act," the high court said.
http://www.stamfordadvocate.com/news/local/scn-sa-supremes2jun16,0,4525852,print.story?coll=stam-news-local-headlines
Published June 16 2005
GREENWICH -- The state Supreme Court dealt Greenwich a potential knockout
yesterday in a landmark public records case, ordering the release of all aerial
photos of the town from a tightly kept database that includes images of
celebrity homes.
The state's highest court ruled that the town lacked evidence to support its
claim that the release of the images presented an immediate danger to the
community, denying Greenwich's appeal of a lower court's decision in the
4-year-old case.
At the center of the case is the town's geographic information system, a
high-tech, taxpayer-funded database containing detailed aerial photographs of
homes, schools, businesses and public safety facilities, as well as maps
showing fire hydrants,
utility lines and bridges -- information that town leaders fear could be used
by terrorists or kidnappers.
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Here are several links about this case... it has been going through the courts
for a while:
http://www.planetizen.com/tech/archives/2004/09/25/145/
GIS Case Brewing in CT
http://www.rcfp.org/news/releases/view.php?2004_11_11_greenwic.txt
Reporters Committee argues map records should be released in electronic format
http://www.mapcruzin.com/news/rtk110802a.htm
Potential release of GIS data involves 'serious privacy and security issues'
http://www.sej.org/foia/GIS%20brief%20final%20Nov%208.txt