The NYCLU along with an investigative journalist are suing the NYPD for failing to release Commissioner Ray Kelly's daily schedule. Len Levitt, a former Newsday reporter and author of the blog NYPD Confidential, filed a FOIA request in February asking for Kelly's schedule dating back to 2002, so that he could determine who he's met with since. The NYPD denied the request twice, and cited that to do so "would endanger both the commissioner and the people with whom he had met."

NYCLU Director Donna Lieberman said in a statement, “There is no good reason for Commissioner Kelly to withhold this information from the public. Even President Obama’s public schedule appears every day on the White House’s website." Levitt, who has been identified by Kelly himself as "the only reporter in New York with balls," says, “In all the decades that I’ve been covering the NYPD, there has never been less transparency than there is today. Nobody knows what the Police Department is doing."

Levitt's initial request was spurred by a column that revealed that Kelly lunched with prominent New Yorkers at the Harvard Club, spending more than $15,000 there in 2008, "the year he was seriously considering running for mayor." Kelly didn't have to pay his Harvard Club dues, as they were being picked up by the NYC Police Foundation.

Previously, Levitt had to sue the NYPD to obtain press credentials, calling their actions to block his press pass "strictly retaliatory."