UC Berkeley Sued Over Records Request On Pro-Palestinian Group Rules

BERKELEY, CA — A Criminal Law and Justice Center affiliate has sued UC Berkeley, accusing officials of violating California law regarding public records requests over policies targeting Pro-Palestinian groups on campus.

Robbie Powelson, the co-founder of the Public Records Enforcement Project, a transparency initiative, alleges regents at the university "failed to fulfill its statutory obligation to determine whether responsive records exist and identify the legal grounds for withholding any records."

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University spokesperson Dan Mogulof confirmed the university received a PRA request and is working to ensure compliance with California law.

But it was "very broad" and "would necessitate review of a huge amount of material from a long period of time," Mogulof told Patch.

"What I can say, generally speaking, is that we have an unwavering and long-standing commitment to complying with all laws and regulations governing public records," Mogulof said, adding that the Public Records Act takes into account "allowing time for both review and the opportunity to work to narrow overly broad requests."

The request stems from new Berkeley Law rules that restrict pro-Palestinian groups from being visible on campus and from using certain facilities, according to the lawsuit.

In September, the group, Law Students for Justice in Palestine, was barred from co-sponsoring events despite a recent settlement between UC Berkeley and the Brandeis Center that stipulated law student organizations could not have bylaws restricting a speaker based on protected categories, according to a report by The Daily Californian. That lawsuit was sparked by claims of anti-semitism at the university.

On Sept. 28, Powelson filed a California Public Records Act request with the university, asking for records about the new rules that barred Law Students for Justice in Palestine from taking part in campus events.

Powelson says the university acknowledged his request eight days later. However, the university did not say whether it possessed any of the records, in accordance with California Law, according to the lawsuit.

When Powelson asked the following day whether those records existed, the university did not state that the "unusual circumstances" justified an extension of time, as required by law, according to the lawsuit.

"The University's response to the records request is concerning because they are refusing to admit or deny whether responsive documents exist," Powelson told Patch. "The UC's response is also peculiar because in other public records requests I have made to UC Berkeley, they have promptly provided reasons for withholding documents. It is unclear why they are treating this request differently."

Through the lawsuit, Powelson is seeking judgment against UC Berkeley, hoping to learn whether the records he's seeking exist, when they'll be available and for the university to state its basis for withholding any records, and an injunction against future violations. It also wants the university to pay the cost of the lawsuit.