Gmail Damien Goodmon <xxxxxxxx@xxxxx.

xxx>
MTA's Violations of Law Re: Requests for Info About Youths Deaths, etc.

Fr: Damien Goodmon Tue, Sep 2, 2008 at 9:39 AM

To: Antonio Villaraigosa, Jaime De La Vega, Ara Najarian, Bernard Parks, Mike Hernandez, Dilara Rodriguez,
Bonnie Lowenthal, David Fleming, Don Knabe, Doug Failing, Gloria Molina, John Fasana, Mike Antonovich, Pam
O'Connor, Richard Katz, Yvonne B. Burke, Mike Bohlke, Zev Yaroslavsky, Vivian Rescalvo, Ray Harris, Tony Bell,
Nicole Englund
Cc: Ivor E. Samson, Christopher E. Prince, Lawrence Heller, Michael Strumwasser, Jay Golida, James Simpson,
Leslie Rogers, Ray Tellis, Trevor Daley, Molly O'Brien, Charles Stewart, Mark Ridley-Thomas, Eric Boyd, Karen
Bass, Jenny Wood, Mike Davis, Amy Nam, Herb Wesson, Andrew Westall, Hugo Ortiz, Jan Perry, Brandy Chappell,
Scott Maslin, David Kooper, Irma Ulloa, Julie Korenstein, "Lamotte, Marguerite", Luis Sanchez, Marlene Canter,
Mónica García, Richard Vladovic, Samira Estilai, Tamar Galatzan, Tom Waldman, Vernail Skaggs, Vickie Ramos,
Yolie Flores Aguilar, Edward Morelan

Dear Mr. Joe Parise, Records Management Supervisor of the MTA, and the MTA Board of Directors:

Today marks the 118th day since the initial request of this agency for accident/incident reports for each Blue Line
and Gold Line accident/incident, in particular those involving youths and youngsters, and still not one report has
been supplied.

Since UCA/Fix Expo's letter titled, "MTA's Failure to Respond to Fix Expo/UCA's California Public Records Act
Requests of 6 May 2008, 13 May 2008, 14 July 2008, & 24 July 2008" (attached with exhibits), which was hand
delivered to MTA Records Management Center on August 14, 2008, we have received your response of August
19, 2008 (also attached).

Much of our response to your August 19 letter, in particular your interpretation of the series of
communication/events stated in the "Procedural History" section, will be addressed in a follow-up to this email.
This email is a specific response to your contention that: "A public records request is not a discovery request and
therefore, MTA is not required to participate in a fishing expedition" (at Pg. 2), and status inquiry.

First, I object to your implication that this California Public Records Act ("CPRA") request is a "fishing expedition."
This is a detailed request for information involving the accidents, injury, maiming and deaths of people, in
particular children, by your light rail vehicles, which are operated with public funds, and were built with taxpayers
dollars.

Second, with respect to your assertion that the CPRA provides your agency greater leniency as compared to
discovery, the law states quite the reverse, and rulings have been issued, specific to cases in which MTA was a
party. Indeed, the ruling in Wilder v. LACMTA indicates that even if this were "a fishing expedition," the
constitution of the State of California entitles us to partake and MTA is legally mandated to supply us with the
information requested.

In case you have forgotten, Wilder v. LACMTA of 1998 involved a woman injured at a Blue Line station, who
requested through the California Public Records Act, among other information, the accident report for her
accident, the accident reports of all crossings, and crossing maintenance information. MTA refused to supply the
information to Wilder, stating as your basis that the request was "in anticipation of litigation." When Wilder filed
a writ of mandate in Superior Court, MTA demurred that she was seeking to "circumvent the discovery process."

The California Court of Appeals for the 2nd District interjected stating the basis of the CPRA, and that Wilder "did
not cease to be a "member of the public" when she was struck by the Blue Line." The Court of Appeals for the
2nd District also stated:

"Putting aside for the moment the time, effort, and financial resources required to institute a lawsuit against a
governmental entity and to promulgate discovery requests, discovery is limited to matters "relevant to the subject
matter involved in the pending action" which are themselves "admissible in evidence" or "appear[] reasonably
calculated to lead to the discovery of admissible evidence." (Code Civ. Proc., § 2017, subd. (a).) A CPRA request
can cover anything the person making the request suspects the agency might have in its files. As a member of
the public, petitioner is entitled to the broader categories of documents available under the CPRA."

I have both generally and specifically requested each accident/incident report for Blue Line and Gold Line
incidents/accidents, going so far as identifying some of the form codes and filing locations:

* Initial request of May 6 #4-7 (see Exhibit A),

* Modified request of May 13 #1-4 (see Exhibit B)
* Clarified request of July 14 #1-4, 6-9 (see Exhibit E)
* July 24 request #11-16 (see Exhibit G)

It has been 118 days since the initial request. I have written, responded, clarified and specified and yet I have
not received a single report of an accident/incident involving a Blue Line and Gold Line train.

In the 4 months since the initial request, has MTA identified and is ready to supply a single piece of paper since
the initial request?

If MTA has, please respond by the close of business tomorrow, the 119th day since the initial request, with
information as to when these documents will be available for pick-up.

If MTA has not, or if MTA continues to assert that you will not or need more time to supply these individual
accident/incident reports, please respond by the close of business Friday, September 5th, with your interpretation
of what constitutes the "delay and obstruct[ion]" referenced in California Public Records Act Section 6253(d):
"Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of
public records."

Finally, as you are well aware given the heightened discussion in South LA and the media in general regarding
light rail safety, the public need for this information is paramount.

Your cooperation is greatly appreciated.

Sincerely,
/S/ DAMIEN WESLEY CLARK GOODMON
Damien Wesley Clark Goodmon
Chair, United Community Associations
Coordinator, Fix the Expo Rail Line Campaign

P.O. Box 781267, Los Angeles, CA 90016

xx@xxxxxxx.xxx
xxx.xxx.xxxx

CC:
Law Firm of Sonneschein, Nath & Rosenthal, LLP
Law Firm of Heller & Edwards
Law Firm of Strumwasser & Woocher, LLP
FTA Administrator James Simpson
FTA Region IX Administrator Leslie Rogers
FTA Los Angeles Office
U.S. Senator Dianne Feinstein
Congresswoman Diane Watson
State Senator Mark Ridley-Thomas
Assembly Speaker Karen Bass
Assembly Member Mike Davis
Expo Line Construction Authority Board of Directors
Los Angeles City Board of Education
Via mail/fax:
U.S. Senator Barbara Boxer
California Attorney General Edmund C. Brown, Jr.
Los Angeles County District Attorney Steve Cooley,

BCC:
Community & Press

On Wed, Aug 20, 2008 at 11:47 AM, Damien Goodmon <xxxxxxxx@xxxxx.xxx> wrote:

To MTA Board of Directors and Relevant Parties:

Attached is the August 14th letter with accompanying exhibits from the Fix Expo Campaign/United Community
Associations, regarding MTA's violations of the California Public Records Act in failing to provide public documents
related to Blue Line and Gold Line accidents and incidents (particularly youths and youngsters), and related
matters.

In the interest of full disclosure on my part, and as you are surely aware, one intent of these Public Records
Act requests is to supply the public with the truth regarding the accident/incident history of the Blue and Gold
Lines. So much false information has has been circulated by the Expo Line Construction Authority on this matter.

Please excuse the delay in the transmission of this letter, we have been dealing with technical difficulties over
the past week.

Sincerely,
/S/ DAMIEN WESLEY CLARK GOODMON
Damien Goodmon
Chair, United Community Associations
Coordinator, Fix the Expo Rail Line Campaign

P.O. Box 781267, Los Angeles, CA 90016

xx@xxxxxxx.xxx
xxx.xxx.xxxx

CC:
Law Firm of Sonneschein, Nath & Rosenthal, LLP
Law Firm of Heller & Edwards
Law Firm of Strumwasser & Woocher, LLP
FTA Administrator James Simpson
FTA Region IX Administrator Leslie Rogers
FTA Los Angeles Office
U.S. Senator Dianne Feinstein
Congresswoman Diane Watson
State Senator Mark Ridley-Thomas
Assembly Speaker Karen Bass
Assembly Member Mike Davis
Expo Line Construction Authority Board of Directors
Los Angeles City Board of Education

BCC:
Community & Press

3 attachments
874K MTA Response Letter 080819.pdf
110K MTA 080814 PRA Violations.pdf
756K MTA 080814 PRA Violations - Exhibits.pdf