State Agencies Turn Tables, Sue Public Records Requesters

State Agencies Turn Tables, Sue Public Records Requesters
Jack Ohman/The Sacramento Bee via AP

State agencies across the U.S. are increasingly filing lawsuits against people who seek public records that might be embarrassing or legally sensitive. Taxpayers, government watchdogs and journalists must then pursue the records in court at their own expense, and that's alarming freedom-of-information advocates.

From the Associated Press:

In Michigan, the state House voted 108-0 earlier this year in favor of a bill that would make it illegal for agencies to sue public records requesters. The proposal came in response to a county's lawsuit against a local newspaper that had sought the personnel files of two employees running for sheriff. A judge dismissed the lawsuit, saying the county had to approve or deny the request.

The documents, ultimately released days before the election, showed that one of the candidates had been disciplined for carrying on an affair while on-duty in 2011. That candidate lost.

The Michigan bill's sponsor, Republican Rep. Klint Kesto, called the tactic "a backdoor channel to delay and put pressure on the requester" that circumvents the state's Freedom of Information Act.

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