Access / FOIA
Texas Federal District Court Grants Access to Previously Sealed Judicial Records in True the Vote Litigation
Zachary BelewIn granting the motion to unseal, the court held that the “public access presumption” outweighed any confidentiality interest True the Vote asserted because True the Vote did not “articulate any specific harm created by the disclosure.”
Connecticut Supreme Court Reaffirms Public Right to Access Cold Case Records
Stephanie RiceThe Supreme Court of Connecticut issued a ruling of first impression defining the scope of an exception to the state FOIA law allowing police to withhold investigative information “to be used in a prospective law enforcement action” if disclosure would be “prejudicial to such action.”
D.C. Circuit Reinforces FOIA’s Foreseeable Harm Requirement
Stephen Stich MatchThe statute now generally requires agencies to show both that an exemption applies and that disclosure would cause recognized harm. But despite being on the books for eight years, the D.C. Circuit’s ruling is only one of a handful to grapple with the requirement.
Investigative Reporter Wins Access to California Official’s Calendar Entries
Steve ZansbergOn March 5, Judge Chang issued a Final Ruling, in a case under California’s Public Records Act, granting a Writ of Mandate that commands Governor Gavin Newsom to release the calendar entries of all meetings between his Cabinet Secretary and any representative of Pacific Gas & Electric in May 2023.
FOIA Case for Records Could Mean Mexican Journalist Finally Wins Asylum in U.S.
Adam A. Marshall and Chuck TobinA federal FOIA case could be the key to a successful resolution of a Mexican journalist’s and his son’s decades-long fight for permanent U.S. asylum after fleeing their home country.
Virginia Media Win Access to Report on School Shooting
David B. Lacy and Harley J. McClellanThe Circuit Court held that the Virginia Freedom of Information Act required disclosure of a school board’s investigation report into a graduation shooting even though a law firm conducted the investigation and prepared the report.
Ohio Supreme Court Finds Amusement Park’s Private Police Force Is Subject to Public Records Law
Ryan W. GoellnerThe television stations’ requests first required analysis of a novel issue under Ohio law: whether a private police department created pursuant to a city ordinance and by agreement between the amusement park and the city was subject to Ohio’s Public Records Act.
“Unsubstantiated” Complaints About Police Are Not Categorically Exempt from FOIL Disclosure
Alia SmithNew York’s Second Department held that police disciplinary records, formerly shielded from public disclosure under the now-repealed Civil Rights Law Section 50-a, are not categorically exempt from disclosure under the Freedom of Information Law’s privacy exemption.
Florida Supreme Court Rules Marsy’s Law Does Not Protect Victims’ Names
Daniela Abratt-Cohen and Mark R. CaramanicaThe Court’s ruling, which certainly could have taken a narrower path, was not only a victory for police transparency but also a wider victory in beating back overzealous application of Marsy’s Law protections.
Discovery Order Leads to 8,000 New Pages of Documents in FOIA Lawsuit
Eric WeslanderA FOIA lawsuit in the U.S. District Court for the Western District of Missouri recently led to the discovery of 8,000-plus pages of hospital survey materials that the requesters were previously told could not be found.