One of the best ways to stifle opposition to things you are doing when you're an elected official, is not to tell the taxpayers what you are doing in the first place. One of the best ways to combat that tactic is known as the Freedom Of Information Act, or FOIA. Initially a federal act, companion acts have been passed in most state and municipal jurisdictions. As Wikipedia says:
Freedom of information legislation (also known in the U.S. as sunshine laws) are rules that guarantee access to data held by the state. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records or (especially in the United States) sunshine laws, governments are also typically bound by a duty to publish and promote openness
But as David Starrett, IVI-IPO's former lobbyist, and something of an Illinois FOIA expert said at a recent reform symposium, the Acts themselves are not sufficient if they don't have teeth (a lot do not) and you can't find a lawyer to help you fight the good fight. Well, now the last part of that problem has at least one solution.
Clint Krislov, a Chicago-based public interest lawyer (who also happens to be IVI's lawyer in the Chicago Parking Meter case, as well as IVI's endorsed candidate in the Illinois State Comptroller race) recently started and funded the Center for Open Government at Chicago-Kent College of Law. As a recent article on the Reporters Committee for Freedom of the Press's website says:
"Recently it has become apparent that there is a need to litigate FOIA more now than there was before, but there just isn't the money to do that," (WTOP Radio reporter Mark) Segraves said.
As circulations decrease and newsroom and radio station budgets dwindle, it's become increasingly difficult for news organizations to pursue what can often be protracted and expensive disputes over refused public records requests. In response, a few law schools have stepped in to guide citizens and groups through the open records process.
"Other institutions have to pick up the slack and one of the alternatives is NGOs and law schools," said Terrance A. Norton, the director of an open government clinic at Chicago-Kent College of Law.
That applies to activists as well. Most of us don't have pockets as deep as the governmental entities we are trying to open up, and organizations like this seem to be very timely helpers.
From the press release on the start of the Center:
The Center will be directed by Terrance A. Norton, who served as a member of Chicago-Kent's clinical faculty for ten years and who has extensive experience in open government work, civil litigation and pro bono legal services.
"It is important for citizens to have both input and timely access to information on how government bodies conduct their business," said Norton. "The Center for Open Government will serve as an advocacy center by helping to make government more accessible to its citizens. Our work will help restore transparency and renew trust in government."
Norton worked for the BGA for more than a dozen years, serving for ten years as associate director and general counsel, and for two years as executive director. He also worked for the U.S. Justice Department as a special attorney in the criminal division's Organized Crime and Racketeering Section. In addition, he spent five years as a partner with Sonnenschein Nath & Rosenthal LLP., where he oversaw the firm's national pro bono program.
If you've had any experience in trying and failing to get a FOIA request heard, please post in the comment section. Also, the number for the school is 312-906-5000, and a link to the press release on the Center is here:
