Ferguson, Missouri – September 5th, 2014 - Within days of the tragic events on August 9, the City of Ferguson began receiving multiple requests for information and documents. While some of these requests were made in writing, many requests were made verbally due to the fact that the City’s website and email were down at several points during that week.   City personnel cataloged all requests and treated them in the same manner as it would any Sunshine Law request. (The “Sunshine Law” is Missouri’s equivalent of the federal Freedom of Information Act).

Several reporters, news organizations and others asked for documents specifically pertaining to Michael Brown. One such request was made by the St. Louis Post Dispatch.  On August 12, 2014, the paper requested “all documentation concerning the events leading up to and including the shooting of Michael Brown” which shall include “incident, arrest and investigative reports, 911 audio, photos and video retained by the police department.”  Another request, made on August 14, 2014, by Judicial Watch requested all records relating to Michael Brown and dated between August 1, 2013, and August 9, 2014.

The Sunshine Law dictates that Governmental entities must respond to both general requests and specific requests and release all documents that are responsive to the those requests, unless those documents are otherwise closed.

The Ferguson police department retained the incident and investigative report of the store robbery which occurred less than 10 minutes before the shooting.  The reports, which included the surveillance video, concerned Michael Brown.  Under the Sunshine Law, the police department had no reason to close these records and withhold them from the public.

By the date of August 15, the City having reached its statutory deadline to respond to the information requests, released the store robbery reports, including the surveillance video.

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