Presented by the Public Entity and Civil Rights Litigation Practice Group

OPRA Does Not Permit Waivers for Inability to Pay

By
Matthew J. Behr

In Thorpe v. Kleinman, Docket No. A-3391-22 (App. Div. Nov. 1, 2024), the plaintiff sought video footage from the Freehold Township Police Department, the defendant in the case, in regard to a traffic obstruction charge. After the request was denied, the plaintiff filed an order to show cause and submitted a verified complaint seeking the footage.

The trial court directed the defendant to assess the volume of footage sought. The defendant identified 181 videos that would comply with the OPRA request, totaling 650 hours. The total amount of time that would be necessary to review and redact the video coverage was 740 hours, which, in turn, would cost the plaintiff $21,460.00, pursuant to N.J.S.A. 47:1A-5(c). 

Even facing the cost of $21,460.00, the plaintiff refused to narrow her request. As a result, the trial court ruled the plaintiff is entitled to the footage upon payment of the charge. The plaintiff refused to pay, and as a result, the request pursuant to OPRA was denied. 

The plaintiff appealed the ruling, arguing the charge was not reasonable and would be obstructive to her right pursuant to OPRA. The New Jersey Appellate Division denied her appeal, holding that OPRA does not allow waivers for inability to pay. 

This case illustrates N.J.S.A. 47:1A-5(c) is an intricate part of the OPRA statute and that public entities have the right to be reimbursed for the time needed to comply with an OPRA request.

Please do not hesitate to contact me with any questions regarding this case or other issues pertaining to OPRA. 

 

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