Bolkin v. Fair Lawn, 52-3-8365

OPRA requires production of names of pet owners.

The plaintiff submitted a request seeking documents showing names and addresses of all licensed dog and cat owners in Fair Lawn, including all dog and cat applications or licenses on file, in order to mail literature endorsing animal-friendly legislation and candidates. Fair Lawn, in denying the request, alleged privacy and security concerns in that disclosure could make pet owners and non-owners more susceptible to burglaries or pet theft. The Law Division rejected the defendant's reasonable expectation of privacy argument, finding the intrusion in the matter minimal and the discomfort in having one's name and address provided to a political interest group does not outweigh the interests of open disclosure. The court, therefore, held that plaintiff is entitled to access under OPRA and the common law and that the plaintiff is entitled to reasonable attorney fees and costs.

Case Law Alert - 1st Quarter 2013