FOIA’s Cloudy Future has us Vexed

Association of American Editorial Cartoonists, Matt Wuerker/Politico

“Sunshine Week,” a national campaign dedicated to protecting the public’s right to get information about their government, is now being celebrated. But in Illinois, the outlook for such access is more cloudy than bright.

Last year, a new Illinois Freedom of Information Act (FOIA) went into effect, making it easier for people to receive more information about their government in a timely manner.

Now, however, some state lawmakers are trying to undercut the new FOIA law by introducing bills that range from charging money to get public documents to watering down a citizen’s ability to appeal an initial FOIA denial from a government agency.

More than ten bills were introduced this year aimed at reducing FOIA’s reach.

One of the most aggressive attempts to roll back the protections of FOIA is Senate Bill 1645, sponsored by State Sen. Edward Maloney (D-Chicago).

If passed, public entities would have the authority to delay responding, until a time they deem reasonable, to a FOIA request on the grounds that they find it to be “vexatious.”

What is vexatious? Our thesaurus says it is synonymous with annoying, irritating or bothersome. Not one of those are words lawmakers typically associate with constituents who are asserting their rights to access information about their government.

So, if this bill passes, how easy would it be for a FOIA request to be labeled as vexatious? Pretty easy.

Among other things, a request can be labeled vexatious if you have already made five or more FOIA requests in a year and if the public body thinks the request is unduly burdensome.

Then, once it’s labeled vexatious, the bill adds language to existing law that prevents you from appealing that label to any higher legal authority. So once a public body calls a request vexatious, you’re vexatious for good. And you get tracked in a log with all the other vexatious people.

One section of the bill exempts the press from being called vexatious, which means that members of the press have more of a right to public information than constituents.

This is a disturbing possibility.

Public bodies should not be given the authority to deny access to public information for constituents they deem annoying, particularly when there is no higher legal authority that reviews that determination or can overturn it.

SB 1645 is headed to the Senate floor for a vote by the full chamber. The BGA will be working hard to stop this vexing legislation from going any further.

WHAT NOW? You can help by letting your state senator know that you oppose this effort—enter your address here to find your state senator’s information. Put in a call and remind him or her that access to public information is vital, and that sunshine is the best disinfectant.

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1 Comment

Filed under FOIA, Transparency

One response to “FOIA’s Cloudy Future has us Vexed

  1. Pingback: Got Transparency? Not for Long—Help BGA Protect FOIA | BGA Think Tank

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