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N.Y. must release tapes of Sept. 11, court rules

ALBANY, N.Y. - The New York City Fire Department must release audiotapes and transcripts of interviews conducted with firefighters who responded to the 2001 terrorist attacks, but it can withhold portions that could cause serious pain or embarrassment, the state's highest court ruled.

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.

The ruling came in response to a Freedom of Information request by the New York Times. The newspaper sought to examine tapes of 911 calls made from the World Trade Center after the Sept. 11 attacks, as well as interviews later conducted with firefighters for an oral history of the tragedy.

Under the 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 the oral history on the response to the attacks cause pain or embarrassment.

Times counsel David McCraw said the newspaper was pleased with the court ruling on the oral histories, saying they are part of an important record detailing the first impression of responders.

It was unclear when the information would be available.

The Court of Appeals also affirmed a lower-court decision that Fire Department dispatches consisting of factual statements or instructions by personnel should be disclosed. But the court said any opinions or recommendations expressed during those dispatch calls should be edited out.

The court also said only the operators' side of 911 calls, and not what the callers said, should be disclosed.

[Last modified March 25, 2005, 01:01:16]