State Supreme Court Judge Frank Sedita dismissed the Buffalo Police Benevolent Association’s lawsuit that demanded the City of Buffalo keep police records private despite the repeal of Article 50-a, the New York State law that kept those records secret for decades.
LOSA attorney Stephanie “Cole” Adams successfully argued to dismiss the lawsuit and clear the records for release on behalf of client James Kistner, who has demanded the Buffalo Police Department’s records, now available due to the repeal of 50-a. The City of Buffalo, the original defendant in the case, also argued to dismiss the lawsuit.
“Transparency and access to law enforcement disciplinary records are critical to addressing concerns with law enforcement and building trust in our community,” said Adams. “ My client Jim Kistner knows, first-hand, how important it is for Buffalo residents to have faith in our police, and to access law enforcement records when that faith is shaken.”
Kistner has filed a civil rights action alleging that on New Year’s Day, 2017, in front of his residence on Buffalo’s East Side, he was struck by a police vehicle as he approached a second police vehicle in order to ask officers why they had visited a nearby rental property he owns. He filed the case in 2018; the preliminary injunction requested by the police union was cited to bar his access to records critical to the case.
At a prior hearing, Adams successfully argued he be added to the case given his specific interest in having the records released.
Today in court, held virtually over Skype, Judge Sedita dismissed the unions’ case, denied the temporary restraining order that had kept the records private while the litigation was pending, and vacated the preliminary injunction keeping the records from being released. He did not rule on any specific Freedom Of Information Law requests for police disciplinary records, including Kistner’s.
For decades, “Article 50-a” had prevented plaintiffs, journalists, activists, lawmakers and anyone else in the general public seeking to investigate or redress harm by police officers from obtaining investigative and disciplinary records from police departments. With the repeal of 50-a, many of those records, with redactions for privacy and health information, are accessible via the state’s Freedom of Information Law (“FOIL”).
The Law Office of Stephanie Adams, PLLC will continue to use the repeal of 50-a and the new provisions of FOIL to fight for access and transparency on behalf of Jim Kistner, and other clients. Requests for interviews about the case may be directed to adams@losapllc.com and keltz@losapllc.com.