John Chasnoff requested a copy of the citizen complaint and internal affairs investigation related to police officers taking World Series tickets from scalpers as evidence, then giving the tickets to friends to use before returning them to the evidence locker. The Police Department has claims that these are closed records.
2007
The ACLU-EM filed suit on behalf of John Chasnoff and the community organization to which he belongs, Citizens Against Police Crimes and Repression, under the Missouri Sunshine law. Mr. Chasnoff requested a copy of the citizen complaint and internal affairs investigation related to police officers taking World Series tickets from scalpers as evidence then giving the tickets to friends to use before returning them to the evidence locker. The Police Department has claims that these are closed records. But the citizen’s complaint is an open record and whether the investigation itself is an open record depends on whether the complaint alleges criminal activity. The City has not yet responded in court. Kristen Dunnett is serving as our cooperating attorney.
Update: Dec. 11, 2009
The American Civil Liberties Union of Missouri applauded a long-anticipated ruling issued December 11 by Judge Philip Heagney. The decision came in a case filed in 2007 by the ACLU of Missouri on behalf of John Chasnoff.
In April 2007 Chasnoff sought the investigative records from the Police Department’s internal affairs investigation into tickets confiscated by police from alleged scalpers at a 2006 World Series game. It was later determined that some of the confiscated tickets were used by family and friends of police officers. Eight officers were disciplined, but no details of the investigation were released.
Judge Heagney ruled in January 2009 that Chasnoff was entitled to a copy of the complaint that gave rise to the investigation. Today’s ruling turned on whether the complaint alleged a criminal violation. Under Missouri’s open records law, investigation documents are open to the public where a complaint alleges criminal activity. Both sides stipulated in January that the complaint did indeed make such an allegation.
In his ruling Judge Heagney states, “[I]f anyone should obey the law, the Metropolitan Police Department should. Nevertheless, the defenses that the Board has raised in this case and that the Board has repeated again and again without offering any concrete evidence to back up its assertions, lead the Court to believe that the Board of Police Commissioners simply wants [to] have itself and the Metropolitan Police Department be declared exempt from complying with any requirements of Missouri’s Sunshine Law.”
ACLU-MO’s Executive Director Brenda Jones—who is also a Board member of the Missouri Sunshine Coalition—remarked, “The Police Department’s denial of access to the records John sought is an unconstitutional abridgement of free expression. We are pleased that the court has come down clearly on the side of open information.”
The plaintiff in the case was John Chasnoff, who became the Program Direct for ACLU-MO in January. Upon hearing of the decision, Chasnoff commented, “I originally asked for this information in April 2007. Unfortunately, police were able to use the court system to delay release until now. I am pleased that Judge Heagney has reaffirmed Missouri Sunshine law and the importance of open information in a free society.”
Chasnoff is represented in the case by ACLU-MO Legal Director Anthony E. Rothert.
Update: April 13, 2010
In a victory for transparency in government, yesterday, Judge Philip Haegney ruled that the St. Louis Police Department must turn over all records related to the investigation of the misuse of Cardinals World Series tickets. This ruling is the outcome of a suit the ACLU brought on behalf of John Chasnoff who sought access to the records under Sunshine law.
Haegney had reached the same decision in December 2009, but Police Department attorneys asked him to hear new evidence in the case, claiming that police investigators had conducted two separate investigations. They gave Chasnoff all files related to their criminal investigation, but claimed an “administrative investigation” related only to personnel matters and should be kept closed.
In this most recent decision, Judge Haegney heard the new evidence but ruled against the Police Department anyway. He did note that distinct investigations might have relevance in other areas of the law, but found that these “administrative files” fall within the Sunshine Law’s definition of open records. Judge Haegney stated that the Police Board “ seems determined to keep the public from learning substantive information which has been uncovered as a result of the IAD’s investigation...The Board has spent 36 months resisting John Chasnoff’s request to review the contents of the IAD’s investigative file...It is time for the Board to obey the law.”
“Judge Haegney made serious findings related to police conduct,” says Tony Rothert, the ACLU-MO attorney who conducted the case. “Police lied to Mr. Chasnoff, and failed to investigate a serious claim that officers stole approximately$2000 from a private citizen. With regard to World Series Tickets, they gave Circuit Attorney Jennifer Joyce an ‘incomplete investigation’, denying her the information she needed to bring criminal charges against some officers.”
The Police Department has stated it will appeal the decision, and is expected to ask for a stay of the judge’s order, thereby attempting to keep the disputed records closed during the appeals process.
Plaintiff Chasnoff had this to say: ”The more the Police Department struggles against the Sunshine Law, the further it seems to sink itself in quicksand. I hope they stop throwing away money and good will, decide to turn the records over, and get on with the business of protecting the citizens of St. Louis.”
Brenda Jones, Executive Director of the ACLU-MO, called the decision “stunning.” “Judge Heagney’s decision gives the Police Department an opportunity to strengthen its standing in the community by accepting that transparency is in its own and everybody else’s self-interest.”
For bringing this suit against the Police Department, John Chasnoff was recently named a “Sunshine Hero” by the Missouri Sunshine Coalition.
Update: May 19, 2010
The St. Louis Police Board decided today to drop its fight to keep records relating to the World Series Ticket Scandal away from public scrutiny. ACLU-MO client (now staffer) John Chasnoff asked in 2007 for all records from a police investigation into alleged criminal activity by some police. Earlier this year the Department turned over some of the files, but claimed that others were private interviews conducted for administrative purposes only. Judge Philip Haegney agreed with Chasnoff that all the files are open under Missouri’s Sunshine Law. With today’s decision, the Police Board has decided not to appeal the judge’s decision. In a new twist, however, the St. Louis Police Officers Association is seeking to intervene in the case and keep the records closed.
Update: February 22, 2011
In a further victory for transparency in government, Missouri Court of Appeals Eastern District that dismissed the police officers’ appeal in Chasnoff v. Board of Police Commissions, saying that St. Louis police officers should not have been allowed to sign onto the case after the Police Board dropped out. This let stand the lower court decision that our client is entitled to public police investigative file document into the World Series Ticket Scandal. However, the court left in place a stay prohibiting the release of those documents, giving the officers time to file individual claims that the records should be withheld to protect their privacy rights.
Update: December 3, 2013
Missouri Appellate Court Judge Sherri B. Sullivan released two decisions – one in the Chasnoff case and the other in the Ishmon case. The ACLU is pleased the court decided that the colluded agreement between the police officers and the police board to conceal records cannot be used to thwart the public’s right to know what happened in the World Series ticket-scalping incident. This is an important victory for openness. However, we will have to wait a bit longer to get the long-overdue documents. See the court documents below.
Update: April 9, 2014
St. Louis Circuit Court Judge Robert Dierker held a hearing today. The ACLU is seeking Garrity statements and other internal affairs documents from investigations regarding the 2006 World Series ticket scalping scandal. Police officers must prove they have a privacy interest to keep the documents sealed.
Update: June 11, 2014
St. Louis Circuit Court Judge Robert Dierker released his decision today ruling that the St. Louis City Police must release the requested documents. Judge Dierker's decision makes it clear that the public has an interest in how the police investigate themselves, especially when there is an allegation of criminal misconduct.
Judge Dierker ruled that the ACLU cannot see all of the documents at this time because some of the officers still have the opportunity to appeal the release of their records.
Update: June 12, 2014
The ACLU of Missouri picked up internal investigation documents that the St. Louis City Police had previously refused to release. These records were released because they pertain to officers who did not appear for trial on April 9, 2014.
Update: February 25, 2015
The Missouri Court of Appeals for the Eastern District heard an appeal of Judge Dierker’s June 2014 decision that the ACLU of Missouri is entitled to all the records we requested and should be awarded $100,000 in legal costs and fees.
Update: April 14, 2015
The Missouri Court of Appeals for the Eastern District ruled that the police department must release all of the records the ACLU requested in 2007 and pay $100,000 in legal costs and fees.
Update: August 18, 2015
The Missouri Supreme Court denied the final appeal of police officers who were trying to keep the records secret.
Update: September 3, 2015
Today, the American Civil Liberties Union of Missouri received some of the St. Louis Police Department investigative records from the 2006 World Series ticket-scalping scandal and posted them on its website. The ACLU has been seeking these records since 2007 and expects to have the remainder soon.