Court cases with an impact on state FOIA

From Sunshine Review

State sunshine
State laws How to ask for records Transparency headlines Statutory changes Notable FOIA requests State Open Meeting Laws
State sunshine lawsuits
State court cases E-mail access Private agency, public dollars
The WikiFOIA portal

[edit] 2009

See also Sunshine Review:Calendar 2009

• Mark O. Stern v. Wheaton-Warrenville Community Unity School District 200, Illinois
• Dixon v. Superior Court, California
• Avinash Rangra; Anna Monclova v. Frank D. Brown (Texas federal district court)
• McBurney and Hurlbert v. McDonnell, a federal lawsuit challenging the Virginia Freedom of Information Act.
• Yousoufian v. Office of Ron Sims, Washington. Ordered higher fine for King County, Washington.
• Rental Housing Association of Puget Sound v. City of Des Moines, Washington
• Harold Carey v. Mason County, Washington
• Zellner v. Herrick, Wisconsin

[edit] 2008

• Denver Post v. Ritter, Colorado
• Mail Tribune v. Michael Winters. An Oregon ruling from April 2008 concerning concealed carry weapons.
• Lorenzo v. City of Venice, Florida
• Charleston Gazette v. City of Charleston, a case that will be heard by the West Virginia Supreme Court. The case is about whether the city must turn over certain police records to the newspaper.
• State of Wisconsin v. Beaver Dam Area Development Corporation, Wisconsin
• Milwaukee Journal Sentinel v. Department of Administration. Can collective bargaining agreements run counter to the state's Open Records law in Wisconsin?
• Sands v. Whitnall School District, Wisconsin
• WIREdata, Inc. v. Village of Sussex^[1], Wisconsin
• Lautenschlager v. Gunderson, Wisconsin. Dismissing appeal of a lower court ruling that said that legislators can share drafts of legislation with lobbyists (in this case, the National Rifle Association), without also having to share those drafts with the public.
• Watton v. Hegerty, Wisconsin

[edit] 2007

• Zellner v. Cedarburg School District. In this 2007 case, the Wisconsin Supreme Court affirmed an Ozaukee County trial court order to release a CD of images that a newspaper requested after a Wisconsin high school teacher was fired for viewing the images on his school computer.^[2]
• Soter v. Cowles Publishing, Washington

[edit] 2006

• COMPS v. Town of Islip, New York
• Hill v. East Baton Rouge Parish Department of Emergency Medical Services, Louisiana

[edit] 2005

• Montgomery Advertiser v. Montgomery County Board of Education, Alabama
• Versaci v. Superior Court, California
• Desert Sun v. Palm Springs Desert Resorts Convention and Visitors Authority, California
• Lee v. Minner. This was a federal case arising out of a provision in the Delaware Freedom of Information Act that limited those who could make requests to Delaware residents.
• Kamakana v. City & County of Honolulu, Hawaii
• Indianapolis Star v. Trustees of Indiana University, Indiana
• Bowling v. Lexington-Fayette Urban County Government, Kentucky
• Courier-Journal v. Kentucky High School Athletics Association, Kentucky
• Courier-Journal v. City of Louisville, Kentucky
• Courier-Journal v. University of Louisville Foundation, Kentucky
• Eastbank Consol. Special Serv. Fire Prot. Dist. v. Crossen, Louisiana
• Hill v. East Baton Rouge Parish Department of Emergency Medical Services, Louisiana
• Vourvoulias v. Movassaghi, a state appellate court ruling that the Louisiana Public Records Act only applies to those who individually submit a request for records.
• First Commerce Title Co. Inc. v. Martin, Louisiana
• Detroit Free Press v. City of Detroit, Michigan
• Detroit Free Press v. City of Allen Park, Michigan
• Detroit Free Press v. Michigan Attorney General, Michigan
• Clarion-Ledger v. Entergy Mississippi, Mississippi
• Asbury Park Press v. New Jersey Schools Construction Corporation, New Jersey
• Asbury Park Press v. Ocean County Prosecutor's Office, New Jersey
• Asbury Park Press v. Township of Neptune Sewerage Authority, New Jersey
• Gannett New Jersey Partners v. County of Middlesex, New Jersey
• Carlsbad Current-Argus and New Mexico Foundation for Open Government v. City of Carlsbad, New Mexico
• Newsday v. State Department of Transportation, New York.
• City of Burlington v. Boney Publishers, North Carolina
• The Cincinnati Enquirer v. Walter Handy and Malcolm Adcock, Ohio
• State v. Allen, Ohio
• In Defense of Animals v. OHSU, Oregon. An agency may not charge more than its actual costs.
• The Tennessean v. Powers Management/Allen v. Day, Tennessee
• Tennessean v. Bureau of TennCare, Tennessee
• Tennessean v. Tennessee Department of Personnel, Tennessee
• State of Vermont v. Edgar Whitney, Vermont
• Gannett v. Department of Health and Social Services, Virginia
• Hempel v. City of Baraboo. This decision of the Wisconsin Supreme Court upheld a lower court order denying a records request made by Hal Hempel, a police officer of the Baraboo police department. Hempel sought records of an internal investigation conducted about allegations against him to the effect that he had harrassed female officers in the department. The police department believed that providing Hempel with the documents would have a chilling impact on its ability to investigate internal matters. One issue in the case was Hempel's motivation for seeking the documents. In his briefs, he stated that his actual motivation for seeking the documents was irrelevant. The state Supreme Court disagreed, saying, "In fact, requesters under the Open Records Law need not identify themselves, or state a purpose for their request. Wis. Stat. § 19.35(1)(i). When performing a balancing test, however, a records custodian almost inevitably must evaluate context to some degree."

[edit] 2004

• Bakersfield City School Dist. v. Superior Court, California
• Angelo Iafrate Constr., L.L.C. v. State, Louisiana
• McCormick v. Hanson Aggregates Southeast, North Carolina
• State ex rel. WBNS TV Inc. v. Dues, Ohio. "Any record used by a court to render a decision" is a public record.
• Hangartner v. City of Seattle, Washington

[edit] 2003

• Fuller v. City of Homer. In this decision of the Alaskan Supreme Court, the court said that the the City of Homer was wrong to claim that it could withhold access to staff documents under the "deliberative processes privilege".^[3]
• Coronado Police Officers Association v. Carroll, California
• Wick v. Montrose County Board of County Commissioners. In this Colorado case, a judge determined that a county manager's private diary was not a public record.^[4]
• CFI Steel v. Office of Air Pollution Control, Colorado
• State v. Jean, Louisiana
• Diggs v. Pennington, Louisiana
• Local 100, SEIU v. Smith, Louisiana
• Times Picayune Publishing Corp. v. Board of Supervisors, Louisiana
• Kyle v. Perrilloux, Louisiana
• St. Mary Anesthesia Association Inc. v. Hospital Service District No. 2 of Parish of St. Mary, Louisiana
• Community and Labor United for Baltimore Charter Committee (CLUB) v. Baltimore City Board of Elections, Maryland
• State v. Brotherton, West Virginia

[edit] 2002

• Hilliard v. Litchfield, Louisiana
• Joseph v. Hospital Service District No. 2 of the Parish of St. Mary, Louisiana
• Allsop v. Cheyenne Newspapers, Wyoming
• Memphis Publishing Co. v. Cherokee Children & Family Services, Tennessee

[edit] 2001

• Cal. State Univ. v. Superior Court, California
• CBS Broadcasting v. Superior Court, California
• Epstein v. Hollywood Entertainment Dist. II Business Improvement Dist., California
• Bester v. Louisiana Supreme Court Commission on Bar Admissions. The Louisiana Supreme Court declares in this decision that the Louisiana Public Records Act cannot be made to apply to matters within the province of the Louisiana judiciary, because of the doctrine of separation of powers.
• Louisiana Supreme Court Commission on Bar Admissions v. Roberts, Louisiana
• Landis v. Moreau, Louisiana
• Wood v. Battle Ground School District. In this 2001 decision, the State of Washington Court of Appeals found that e-mails between school board members to decide on the termination of an employee violated the intent of the state's open public meeting act. The court also ruled that the state legislature, not the court, should decide whether members-elect of a public body are subject to the state's rules governing open public meeings.^[5],^[6]
• Mayhew v. Wilde, Tennessee

[edit] 2000

• County of Los Angeles v. Superior Court, California
• Lorig v. Medical Board, California
• Lieber v. Board of Trustees of Southern Illinois University, Illinois.
• Broderick v. State, Department of Environmental Quality, Louisiana
• Del Papa v. Board Of Regents Of The University and Community College System Of Nevada, Nevada
• DR Partners v. Board of County Commissioners of Clark County, Nevada
• City of Garland v. Dallas Morning News, Texas.
• Maclay v Jones, West VIrginia

[edit] 1999

• Vanette Webb v. School Board of Escambia County, Florida
• Duncan Publishing v. City of Chicago, Illinois
• Daily Gazette v. Schenectady, New York
• Graham v. Davis County Solid Waste Management & Energy Recovery Special Service District, Utah
• University of Wyoming v. Gressley, Wyoming

[edit] 1998

• TBC Westlake Inc. v. Hamilton County Board of Revision. Ohio. The report of an attorney-examiner to a county Board of Tax Appeals is exempt from disclosure.
• Tennessean v. Electric Power Board of Nashville, Tennessee
• KSL-TV v. Juab County Sheriff's Office, Utah

[edit] 1997

• Capital City Press v. East Baton Rouge Parish Metropolitan Council, Louisiana
• Affiiliated Construction Trades Foundation v. Regional Jail And Correctional Authority, West Virginia
• Sublette County Rural Health Care District v. Miley, Wyoming
• Board of Regents of the Regency University System v. Reynard. Illinois.

[edit] 1996

• Federated Publications Inc. v. Boise City, Idaho
• City of Helen v. White County News, Georgia
• Maready v. City of Winston-Salem, North Carolina
• State ex rel. Plain Dealer v. Cleveland. Ohio.
• State of Oklahoma v. Migliaccio, Oklahoma
• Gray v. Salem-Keizer School District Oregon; requestor's purpose may be relevant in determining public's interest in disclosure.
• Jolley v. Utah State Senate, Utah
• Fox Television Stations Inc. v. Clary, Utah
• Scripps League Newspapers v. City of Orem, Utah
• Daily Gazette v. West Virginia Development Office, West Virginia
• McComas v. Board of Education of Fayette County, West Virginia

[edit] 1995

• New York News v. Staten Island, New York
• Guy v. Judicial Nominating Commission, Delaware
• Tuft v. City of St. Louis, Missouri
• Wyoming Department of Transportation v. International Union of Operating Engineers Local Union 800, Wyoming

[edit] 1994

• Cohan v. City of Thousand Oaks, California
• Northeast Council on Substance Abuse Inc. v. Iowa Dept. of Public Health, Div. of Substance Abuse, Iowa
• Hackworth v. Board of Education, re Georgia Open Records Act
• Plaquemines Parish Council v. Petrovich, Louisiana
• Shipman v. North Panola Consolidated School District, Mississippi
• Muniz v. Roth, New York
• State ex rel. Warren Newspapers Inc. v. Hutson, Ohio
• Ogden Newspapers v. City of Charleston, West Virginia
• Thompson v. W. Va. Board of Osteopathy, West Virginia
• Houghton v. Franscell, Wyoming

[edit] 1993

• Cox Arizona Publications Inc. v. Collins, Arizona
• Williams v. Superior Court, California
• Booth Newspapers Inc. v. University of Michigan Board of Regents, Michigan
• Russo v. Nassau Community College, New York
• State ex rel. Steffen v. Kraft. Ohio. Trial judges are not required under the law to release personal notes taken about cases over which they are presiding.
• City of Lawton v. Moore, Oklahoma
• Trombley v. Bellows Falls Union High School District, Vermont

[edit] 1992

• State Board of Equalization v. Superior Court, California
• Fathers Are Parents Too v. Hunstein, Georgia
• Green v. Drinnon, Georgia Open Records Act
• Davis v. City of Macon, Georgia Open Records Act
• Burnham Broad. Co. v. County of Hawaii, Hawaii
• Neal v. Griepentrog, Nevada
• State ex rel. Toledo Blade v. University of Toledo Foundation. Ohio. Records of donors to a private corporation that functioned as the fundraising arm of a state university should be public.
• Providence Journal Co. v. Sundlun, Rhode Island
• Deseret News Publishing Co. v. Utah Department of Public Safety, Utah

[edit] 1991

• Times Mirror Co. v. Superior Court, California
• Connelly v. School Committee of Hanover, Massachusetts
• Swickard v. Wayne County Medical Examiner, Michigan
• Davis v. Walker, Oregon. If an agency can't substantiate its charges, than its charges are by definition unreasonable.

[edit] 1990

• City of Prescott v. Town of Chino Valley, Arizona
• Lieberman v. State Board of Labor Relations, Connecticut
• AFSCME v. Cook County, Illinois.
• O'Hair v. USD 300, Kansas
• Hatfield v. Bush (II), Louisiana
• Donrey of Nevada v. Bradshaw, Nevada
• Buffalo News v. Buffalo Municipal Housing Authority, New York
• Whitehead v. Morgenthau, New York.

[edit] 1989

• Chambers v. Birmingham News Co, Alabama
• Parker v. Lee, Georgia
• Kenyon v. Garrells, Illinois
• Pigman v. Evansville Press, Indiana
• State v. Sedgwick County Commissioners, Kansas
• Hatfield v. Bush (I), Louisiana
• Gerstein v. Superintendent Search Screening Committee, Massachusetts
• New York News v. Grinker, New York

[edit] 1988

• City of Sioux City v. Greater Sioux City Press Club, Iowa
• Atlanta Journal and Constitution v. Long, Georgia.
• State v. USD 305, Kansas
• State ex rel. Fostoria Daily Review Co. v. Fostoria Hospital Association. Ohio. Minutes of meetings of the board of trustees of a nonprofit corporation operating a municipal hospital should be public.

[edit] 1987

• Freedom Newspapers v. Colorado Springs, Colorado
• Denver Post v. University of Colorado, Colorado
• Indiana Civil Liberties Union v. Indiana Gen. Assembly, Indiana
• Common Cause v. Morial, Louisiana
• Capital Newspapers v. Whalen, New York
• State ex rel. Newspapers Inc. v. Showers, Wisconsin

[edit] 1986

• Ragland v. Yeargan, Arkansas
• CBS Inc. v. Block, California
• Glenwood Post v. City of Glenwood Springs, Colorado
• Florida Freedom Newspapers v. McCrary, Florida
• Roulette v. Department of Central Mgmt. Servs, Illinois
• Carrigan v. Harkrader, Illinois
• Riggin v. Board of Trustees of Ball State University, Indiana
• Memorial Hospital Association Inc. v. Knutsen, Kansas
• Hill v. Mamoulides, Louisiana
• Delta Democrat Times v. Greenville, Mississippi
• Lucas v. Pastor, New York
• Capital Newspapers v. Burns, New York
• Tulsa Tribune Co. v. Oklahoma Horse Racing Commission, Oklahoma
• Memphis Publishing Co. v. Holt, Tennessee
• Daily Gazette v. Withrow, West Virginia
• Richardson v. Town of Kimball, West Virginia
• Daily Gazette v. West Virginia Board of Medicine, West Virginia
• Child Protection Group v. Cline, West Virginia

[edit] 1985

• Arizona Newspapers Inc. v. Superior Court, Arizona
• Pottle v. School Committee of Braintree, Massachusetts
• Roberts v. Mississippi Republican Party State Executive Comm., Mississippi
• Board of Trustees v. Mississippi Publishers Corporation, Mississippi
• Accord Scott v. Records Access Officer, New York
• Hechler v. Casey, West Virginia

[edit] 1984

• Carlson v. Pima County, Arizona
• Braun v. City of Taft, California.
• Register Div. of Freedom Newspapers Inc. v. County of Orange, California
• Delaware Solid Waste Authority v. News-Journal Co., Delaware
• Faulk v. State's Attorney, Maryland
• Grein v. Board of Education, Nebraska
• Washington Post v. Insurance Department, New York
• Oklahoma City News Broadcasters Association Inc. v. Nigh, Oklahoma
• Oklahoma Pub. Co. v. City of Moore, Oklahoma
• KUTV Inc. v. Utah State Board of Education, Utah
• Daily Gazette v. West Virginia State Bar, West Virginia

[edit] 1983

• San Gabriel Tribune v. Superior Court, California
• Cole v. State, Colorado
• Hudspeth v. Board of County Commissioners, Colorado
• A. S. Abell Publishing Co. v. Mezzanote, Maryland
• Mayor and Aldermen v. Vicksburg Printing & Publishing Co., Mississippi
• Sheridan Newspapers v. City of Sheridan, Wyoming

[edit] 1982

• City of Kenai v. Kenai Peninsula Newspapers. A decision of the Alaskan Supreme Court.^[7]
• American Civil Liberties Union Foundation v. Deukmejian, California
• State, ex rel. Stephen v. Harder, Kansas
• Gill v. Snow, Texas

[edit] 1981

• Stone v. Consolidated Publishing Co, Alabama
• Iowa Civil Rights Commission v. City of Des Moines, Iowa
• International Association of Firefighters, Local No. 2479 v. Thorpe, Oklahoma

[edit] 1980

• Board of Trustees v. FOIC, Connecticut
• News-Journal Co. v. Billingsley, Delaware
• Gallagher v. Marion County Victim Advocate Program, Inc., Indiana
• City of Dubuque v. Telegraph Herald Inc., Iowa
• Stephens v. Van Arsdale, Kansas
• Phillips v. Board of Supervisors of Louisiana State University, Louisiana
• City of New Carrollton v. Rogers, Maryland
• State ex rel. Herald Mail Co. v. Hamilton, West Virginia

[edit] 1979

• Wait v. Florida Power & Light, Florida
• Fink v. Lefkowitz, New York.
• Appalachian Power Co. v. Public Service Commission, West Virginia

[edit] 1978

• New Castle County Vocational-Technical Education Association v. Board of Education, Delaware
• Northside Realty Association v. Community Relations Commission, Georgia.
• Ghiglione v. School Committee of Southbridge, Massachusetts
• Zaleski v. Hicksville Union Free School District, New York. Gov't can't charge for staff time making copies of audio and audio-visual records.
• Sanders v. Benton, Oklahoma
• City of Abilene v. Shackelford, Texas
• State v. Vermont Emergency Board, Vermont

[edit] 1977

• Polillo v. Deane, New Jersey
• Student Bar Association v. Byrd, North Carolina
• Judge v. Pocius, Pennsylvania
• Laramie River Conservation Council v. Dinger, Wyoming

[edit] 1976

• Des Moines Register & Tribune Co. v. Osmundson, Iowa
• Bougas v. Chief of Police of Lexington, Massachusetts
• News & Observer v. Interim Board of Education for Wake County, North Carolina
• Dorrier v. Dark, Tennessee

[edit] 1975

• Cathcart v. Andersen, Washington

[edit] 1974

• Denver Publishing v. Dreyfus, Colorado
• Memphis Publishing Co. v. City of Memphis, Tennessee

[edit] 1973

• Reeves v. Orleans Parish School Board, Louisiana

[edit] 1970

• Dobrovolny v. Reinhardt, Iowa
• Matte v. City of Winooski, Vermont

[edit] 1969

• Times Publishing Co. v. Williams, Florida

[edit] 1968

• Sacramento Newspaper Guild v. Sacramento County Bd. of Supervisors, California
• Booth Newspapers Inc. v. Muskegon Probate Judge, Michigan

[edit] 1967

• Linder v. Eckard, Iowa
• Pollard v. State, Mississippi

[edit] 1966

• Republican Party of Arkansas v. State ex rel. Hall, Arkansas
• Times-Call Publishing Co. Inc. v. Wingfield, Colorado

[edit] 1965

• Beacon Journal Publishing Co. v. City of Akron, Ohio
• Charleston Mail Association v. Kelly, West Virginia

[edit] 1962

• People ex. rel. Gibson v. Peller, Illinois

[edit] 1961

• McEwan v. Holm (1961) (A requestor's purpose in asking for a record is irrelevant). (Oregon).

[edit] 1947

• Mulford v. Davey, Nevada
• State v. Harrison, West Virginia
• International Union, UAW v. Gooding, Wisconsin

[edit] 1946

• Pressman v. Elgin, Maryland

[edit] 1941

• Logan v. Mississippi Abstract Co., Mississippi
• W. T. Rawleigh Co. v. Hester, Mississippi

[edit] 1940

• Collins v. State, Arkansas

[edit] 1931

• Withrow v. Surface, West Virginia

[edit] 1928

• Nowack v. Auditor General, Michigan

[edit] 1915

• Palacios v. Corbett, Texas

[edit] 1912

• Excise Commissioner of Citronelle v. State ex rel. Skinner, Alabama

[edit] 1906

• State v. Grimes, Nevada

[edit] 1903

• Jenkins v. State, Texas

[edit] 1901

• Wells v. Lewis, Ohio

[edit] 1894

• Casto v. Board of Education, West Virginia

[edit] 1890

• Belt v. Prince George's Co, Maryland

[edit] 1889

• Burton v. Tuite, Michigan

[edit] 1882

• Brewer v. Watson (Brewer III), Alabama

[edit] Other

• Burkett v. UDS Management, Louisiana. Water district public records possessed by private management company must be disclosed.
• Citizens for Equal Property Rights v. Board of Supervisors of Lowndes Co., Mississippi
• Cypress Media v. City of Overland Park
• Westchester Rockland Newspapers v. Kimball, New York

[edit] Resources

• WikiFOIA:Sunshine Lawsuit Project