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Governments Turn Tables By Suing Public Records Requesters (apnews.com)
schwit1 quotes the AP:
Government bodies are increasingly turning the tables on citizens who seek public records that might be embarrassing or legally sensitive. Instead of granting or denying their requests, a growing number of school districts, municipalities and state agencies have filed lawsuits against people making the requests -- taxpayers, government watchdogs and journalists who must then pursue the records in court at their own expense.
The lawsuits generally ask judges to rule that the records being sought do not have to be divulged. They name the requesters as defendants but do not seek damage awards. Still, the recent trend has alarmed freedom-of-information advocates, who say it's becoming a new way for governments to hide information, delay disclosure and intimidate critics. "This practice essentially says to a records requester, 'File a request at your peril,'" said University of Kansas journalism professor Jonathan Peters, who wrote about the issue for the Columbia Journalism Review in 2015, before several more cases were filed. "These lawsuits are an absurd practice and noxious to open government."
The lawsuits generally ask judges to rule that the records being sought do not have to be divulged. They name the requesters as defendants but do not seek damage awards. Still, the recent trend has alarmed freedom-of-information advocates, who say it's becoming a new way for governments to hide information, delay disclosure and intimidate critics. "This practice essentially says to a records requester, 'File a request at your peril,'" said University of Kansas journalism professor Jonathan Peters, who wrote about the issue for the Columbia Journalism Review in 2015, before several more cases were filed. "These lawsuits are an absurd practice and noxious to open government."
Read about this a couple-three days ago.
No, this is not so nefarious as wanting to keep things secret from the public. Suing the requester is a tactical move designed to make sure the government doesn't have to pay the requester's legal fees.
If the requester sues the government to get release of the records, and wins, the government is on the hook for the requester's legal fees.
If the government sues the requester and loses (same effect as previous case, in regards to the records in question), the government is NOT liable for the requester's legal fees.
"I do not agree with what you say, but I will defend to the death your right to say it"
I was just wondering that. Over here, judges tend to be VERY upset at people and organizations that obviously just waste their time and get VERY creative when it comes to getting back at them.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.