Do you have a case? Appealing records request denials, October 28, 2011
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(Redirected from Do you have a case? Appealing FOIA request denials, October 28, 2011)
FOIAchat was a weekly conference on Twitter that occurred between 2010 and 2013 from 2 PM to 3 PM EST under the hashtag #foiachat. The discussion invited collaboration between activists, citizens, bloggers, and journalists on public records requests topics. Topics included the Freedom of Information Act and state equivalents, open meetings laws, and related issues.[1]
FOIAchat was discontinued in 2013. Read our legal disclaimer.
Discussion questions
- How does the county handle appeals? What does that process look like on your end v. on the citizen's end?
- In Illinois, the first step to appeal is through the Attorney General's Office of the Public Access Counselor.
- Unofficially or not, a referral to seek an appeal hurts our case by inserting the idea we may be wrong.
- Cases against a county would be defended by a local state's attorney.
Tips
- Burden comes with judicial review. A FOIA officer reviews your appeal. Adhering very closely to their rules is a must.
- Contingency is not easy; it requires selling the partners on the strength of the case(s).
- SHALL clause contingency: in WI law (as for example TX PIA) the courts SHALL award attorney fees not MAY award.
Participants
21 participants
Links
- Illinois Attorney General's FOIA Portal
- Wisconsin Courts to Decide If Election Records Are "Open Records"
- Resource: OpenMissouri.org
- Knight FOI Fund NFOIC helps people cover filing fees and early costs.
- Resource: ScraperWiki
- 27% more FOIA suits in FY2011
- Obama's DOJ plan to weaken FOIA
- InfoPrivacyLaw.com. Federal FOIA lawsuits
- ACLU objection Legislative Counsel Bureau public records rule
- What implication does the new DOJ FOIA rule have on state sunshine laws?
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- ↑ This article is one of approximately 120 on Ballotpedia about FOIAchats. These articles are among 37,000 created by the nonprofit Sunshine Review, which Ballotpedia acquired in July 2013.
