City of San Jose sued by a Bay Area news outlet amid strip club scandal

The lawsuit states that the California Public Records Act allows people to view documents so “the public is not forced to accept the government’s version of events.”

Frank Pine, executive editor of Media News Group, said in a statement provided to SFGATE that a fire engine is a “critical public asset” and that the public deserves to understand the details of its service and the Pink Poodle incident.

“City leaders owe taxpayers a more thorough accounting of what happened here and what the city has done to ensure it doesn’t happen again,” Pine said.

The city of San Jose did not respond to SFGATE’s request for comment on the lawsuit. 

City officials argued that revealing public records would “violate the privacy of the firefighters and that there is no strong public interest in viewing them,” the Mercury News reported. 

The scandal began Oct. 6, when an Instagram video posted by an account called San José Foos showed a woman dressed in a bikini and heels exiting a fire truck that appeared to be parked in front of the Pink Poodle, on the 300 block of Bascom Avenue. 

In an Oct. 7 statement from the fire department, San Jose Fire Chief Robert Sapien Jr. called the video “concerning” and said an investigation would be opened into the incident. The department said that if the investigation revealed any misconduct from its members, the city would take “appropriate steps … to address the matter.”

Sapien released a brief statement on March 10 announcing the end of the investigation but didn’t offer any specific details about what happened on the night of the incident. He released another statement on April 25 in response to “significant public inquiries,” in which he shared details regarding the incident that weren’t included in the March 10 memo — including the whereabouts of the fire engine that night.

He said on Oct. 5, a fire crew “transported an unauthorized, male passenger” from the fire station at 9 p.m. to his job at the Pink Poodle. After the vehicle arrived at the Pink Poodle at 9:06 p.m., he said, a woman climbed into the truck and asked for a ride. 

Sapien said the fire crew initially declined to give the woman a ride, but she “persisted.” The woman was driven “partially around the block” and was dropped off at the strip club at 9:10 p.m., he said. 

The vehicle made another stop, Sapien said, departing from the strip club at 9:10 p.m. and arriving near AJ’s Restaurant and Bar, on the 1100 block of Auzerais Avenue, around 9:14 p.m. He said the vehicle remained there for two minutes before going back to the fire station — but, as the Mercury News noted Wednesday, provided “no explanation” for this stop. 

Call records show there weren’t any service requests at or near the two establishments at that time, according to the Mercury News. Jake Pisani, a spokesperson for the fire department, told SFGATE the department can’t provide comment on active litigation beyond the March and April memos from Sapien. 

In the April memo, Sapien said transporting unauthorized passengers is against city and fire department policies and that city officials took “appropriate disciplinary action” and considered the matter “closed.” But the city refused to release the records that could reveal which disciplinary measures it took, citing the employees’ privacy, according to the Mercury News. 

Public records can sometimes be denied for an “unwarranted invasion of personal privacy,” David Loy, legal director at the government transparency nonprofit First Amendment Coalition, told SFGATE. However, he said that the public has a compelling interest in viewing documents related to an investigation of a public employee’s misconduct, especially when “it’s clear that there was in fact misconduct.”

“[Fire engines] are public resources used only for public service, not for private errands,” Loy said. “Anytime that there is a significant question of misuse of public resources … the public has a compelling interest in getting the full story, not just the official story.”

After both records requests from the Mercury News were denied, San Jose Mayor Matt Mahan said he was disappointed he couldn’t share more information but said the Mercury News should refer to the City Attorney’s Office. 

The City Attorney’s Office did not respond to SFGATE’s request for comment. 

Viewing public records is important because it enables the public to examine the process of the city’s investigation, Loy said.