Black Panther Party v. Kehoe

In Black Panther Party v. Kehoe (1974) 42 Cal.App.3d 645, plaintiffs sought disclosure of citizen complaints regarding certain collection agencies made to the Bureau of Collection and Investigative Services. They claimed that, because the Bureau disclosed the citizen complaints to the collection agencies, it must also allow public inspection. (Id. at p. 655.) Although section 6254 provides that these complaints are in a category of "disclosure-exempt" information, the statute also provides that an agency may open its records to public inspection if not prohibited by another statute. (Id. at p. 656.) The court held that, because agencies have discretion to allow disclosure, once that discretion is exercised, it must be for "public disclosure," not "selective disclosure." (Ibid.)