San Jose Spotlight Sues City Over “Secret” Text Messages

San Jose Spotlight has once again taken San Jose City Hall and its police department to court, alleging they are unlawfully withholding an inflammatory text message thread. This new lawsuit centers on a group chat known as “Tammany Hall,” which allegedly involves councilmembers and discusses city business, potentially containing racial slurs and disparaging remarks. For local residents, this case highlights a recurring struggle for transparency in San Jose government.

The “Tammany Hall” Controversy

The core of the dispute revolves around a group chat reportedly involving Councilmembers Peter Ortiz, Domingo Candelas, and former Councilmember Omar Torres. Torres was recently sentenced to 18 years in prison for child sex crimes. Law enforcement sources suggest the text thread, allegedly discovered during Torres’s criminal investigation, contained racial slurs and negative comments about certain neighborhoods, alongside discussions pertaining to city business.

Councilmembers Ortiz and Candelas indirectly acknowledged the thread earlier this year after meeting with social justice groups. While these groups expressed support for the officials, questions arose about whether the police were targeting councilmembers for political reasons.

City Hall’s Stance and Legal Action

San Jose Spotlight, a non-profit newsroom dedicated to covering San Jose and Santa Clara County, filed the lawsuit after both City Hall and the San Jose Police Department denied five public records requests for the communications. The city initially denied the texts’ existence, then provided a single message from a reporter about them. The police department claims the texts are exempt due to an ongoing criminal investigation, even arguing they don’t need to confirm their existence.

“For the second time in three years, we’re heading to court to compel the city of San Jose to follow the law and uphold the public’s right to know,” stated Ramona Giwargis, co-founder and CEO of San Jose Spotlight. She emphasized the lack of legal justification for withholding communications between elected officials and the need to hold the city accountable.

A History of Transparency Battles

Setting Precedent: The McManis Ruling

This isn’t San Jose’s first dance with government transparency lawsuits. Prominent downtown lawyer Jim McManis, who is representing San Jose Spotlight in the current case, was instrumental in a landmark 2017 California Supreme Court ruling. This case, originating from a 2009 lawsuit against San Jose over concealed communications by a former mayor, established that messages on personal accounts or devices are public records if they pertain to public business. This ruling effectively prevented officials from using private channels to hide communications.

San Jose Spotlight’s Previous Victory

Just three years prior, in 2022, San Jose Spotlight and the First Amendment Coalition successfully sued the city and former Mayor Sam Liccardo for similar transparency violations. The court ruled in their favor, leading to the release of hundreds of hidden records and obliging City Hall to pay $500,000 in attorney fees. These precedents underscore the recurring nature of transparency challenges in San Jose.

Key Lawsuits and Their Impact

Reactions and The Road Ahead

While Mayor Matt Mahan previously called for the texts’ release and expressed concern over a potential cover-up, he declined to comment on the ongoing litigation. The San Jose Police Department, City Attorney Nora Frimann, Councilmembers Ortiz, and Candelas also declined to comment. Josh Barousse, San Jose Spotlight’s co-founder, reiterated that “the public has the right to know the truth” about the serious allegations stemming from the text thread.

The current lawsuit seeks a full copy of the “Tammany Hall” group thread, named after the infamous 19th-century New York political machine, as well as attorney fees and judicial findings that the city violated public records laws. McManis views this case as part of a broader “statewide war against government secrecy,” emphasizing that despite clear laws, the city continues to resist public requests.

Frequently Asked Questions (FAQs)

• What is the “Tammany Hall” text thread?
  It’s an alleged group chat among San Jose Councilmembers Peter Ortiz, Domingo Candelas, and former Councilmember Omar Torres, which reportedly contained racial slurs, disparaging remarks about neighborhoods, and discussions about city business.
• Why is San Jose Spotlight suing the city?
  San Jose Spotlight is suing because City Hall and the San Jose Police Department repeatedly denied their public records requests for the “Tammany Hall” text thread, despite the alleged discussions of city business.
• What legal precedents are relevant to this case?
  Two key precedents are the 2017 California Supreme Court ruling, which confirmed that communications on personal devices about public business are public records, and San Jose Spotlight’s own 2022 victory against the city for withholding records.
• What does the lawsuit aim to achieve?
  The lawsuit seeks the full disclosure of the “Tammany Hall” group thread, along with attorney fees, and official findings that the City of San Jose violated public records laws.

This ongoing legal battle underscores the vital importance of transparency in local government, reminding San Jose residents that vigilance and a free press are crucial for upholding the public’s right to know how their city is being run.

San Jose Spotlight sues city over secret council chat