Court OKs Release of Post-9/11 Interviews
- Share via
ALBANY, N.Y. — New York City’s Fire Department must release audiotapes and transcripts of interviews conducted with firefighters who responded to the 2001 terrorist attacks, except for portions that could cause serious pain or embarrassment, the state’s highest court ruled Thursday.
The decision by the Court of Appeals was part of a ruling that also determined what portions of 911 calls and dispatch communications must be disclosed by the city. While the court agreed unanimously to the release of the interviews, it split 4-3 in ruling that in most cases only the operators’ side of 911 calls, and not what the callers said, should be disclosed.
The decision, written by Judge Robert Smith, said that while “the public has a legitimate interest in knowing how well or poorly the 911 system performed that day ... we conclude that the public interest in the words of 911 callers is outweighed by the interest in privacy of those family members and callers who prefer that those words remain private.”
The court rejected arguments that privacy interests of those killed no longer exist.
“We think this argument contradicts the common understanding of the word ‘privacy,’ ” particularly when it comes to the families of the dead, Smith wrote.
Thursday’s court ruling comes in response to a Freedom of Information request by the New York Times to examine tapes of 911 calls made from the World Trade Center directly after the Sept. 11 attacks, as well as firefighters’ internal interviews with employees after the attacks.
Under Thursday’s decision, the Fire Department would have to return to the state’s trial-level court and argue on a case-by-case basis that specific statements by firefighters interviewed for an oral history on the response to the attacks would cause pain or embarrassment.
Times counsel David McCraw said the newspaper was pleased with the court ruling on oral histories, saying they are part of an important record detailing the first impression of responders, which could help the public learn more about what happened that day.
Michael A. Cardoza, the city’s corporation counsel, said the decision protected the privacy of the attacks’ victims and their families.
Neither McCraw nor New York City officials could say Thursday when the information would be made available.
Sign up for Essential California
The most important California stories and recommendations in your inbox every morning.
You may occasionally receive promotional content from the Los Angeles Times.
More From the Los Angeles Times
Podcasts
John Orr was a renowned fire investigator who was also a prolific arsonist, and whose thinly veiled novel helped to convict him. In this episode we hear from the fire captain who first suspected him—and from Orr himself.
Madison McGhee is joined by legendary Dateline host Josh Mankiewicz and esteemed L.A. Times Reporter Richard Winton as the three of them dive into all-things Menendez Brothers, the good, the bad, and the still unknown.
NPR climate editor Sadie Babits talks about why the media has long overlooked the climate crisis, and how that’s starting to change.
