District Judge Hears 33 Year-Old Arrest Records Case

In 1974 a federal judge issued a consent decree that prevented Metro Police from releasing raw arrest data such as names and photos to the public. Tomorrow, U.S. District Judge Aleta Trauger will hear new arguments in the case.

Vanderbilt University law professor James Blumstein represented the original plaintiff whose identity remains anonymous. According to court documents, the ‘John Doe’ was arrested and later released without a conviction. Blumstein says that information, though, prevented his client from getting a government job.

Blumstein says he didn’t realize until last summer – 32 years later – that Metro Police never changed their policy on giving out the raw arrest data. The respected first amendment attorney had read a story with mug shots and names of men accused of picking up prostitutes. He filed a complaint with the court.

“It was in response to the web site postings and a story actually in the Tennessean about these arrested so-called Johns. Now I believe the Johns web site, I believe it’s been taken down. But if you go on the police web site, they’re still reporting on arrests and putting up pictures and so forth.”

The Metro Law Department would not comment on the case, but raw arrest data is easily accessible through the police web site.

Since last summer, News Channel 5 and The Tennessean have become parties in the case. Open records advocates say the original consent decree was an obvious violation of free speech.