Thomas J. Amoroso v. Somerville, City of - Police Department (SPR 20202086)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 10, 2020 SPR20/2086 Paul Trant Deputy Chief Somerville Police Department 220 Washington Street Somerville, MA 02143 Dear Mr. Trant: I have received the petition of Attorney Thomas J. Amoroso appealing the response of the Somerville Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Attorney Amoroso requested “copies of all motor vehicle accident reports concerning any motor vehicle accidents which occurred in your jurisdiction from October 19, 2020 to October 25, 2020.” The Department responded on October 27, 2020, providing responsive records, with redactions made to driver’s license numbers and personal addresses pursuant to Exemptions (a) and (c) of the Public Records Law. Unsatisfied with the Department’s response, Attorney Amoroso petitioned this office and this appeal, SPR20/2086, was opened as a result. Requests made for a commercial purpose The Public Records Access Regulations provide: (b) the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation; 2. the request is designed or intended to harass, intimidate, or assist in the commission of a crime; 3. the public records request is made solely for a commercial purpose; 4. the requester has failed to comply with the provisions of 950 CMR 32.08(2). 950 C.M.R. 32.08(2)(b). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Paul Trant SPR20/2086 Page 2 November 10, 2020 The term “commercial purpose” is defined in the Public Records Law to mean: the sale or resale of any portion of the public record or the use of information from the public record to advance the requester's strategic business interests in a manner that the requester can reasonably expect to make a profit, and shall not include gathering or reporting news or gathering information to promote citizen oversight or further the understanding of the operation or activities of government or for academic, scientific, journalistic or public research or education. G. L. c. 66, § 10(d)(ix). In his request, Attorney Amoroso states that he “plan[s] to request reports on a weekly basis.” Based on the above, it is my determination that the request by Attorney Amoroso is made for a commercial purpose. See id., see also Spottsville v. Barnes, 135 F.Supp.2d 1316, 1318 - - - - - - (N.D. Ga. 2001) (private detective’s use of accident reports to solicit potential clients considered a commercial purpose); Babkes v. Satz, 944 F.Supp. 909, 911 (S.D. Fl. 1996) (two attorneys’ use of names and addresses found on traffic citations to solicit clients considered a commercial purpose). Accordingly, I deny this appeal. See 950 C.M.R. 32.08(2)(b)(3). Sincerely, Rebecca S. Murray Supervisor of Records cc: Thomas J. Amoroso, Esq.