NEWS RELEASE
June 25, 2014
Contact: Diane Balogh, (314) 669-3425, (314) 498-5286 dbalogh@aclu-mo.org
Department of Corrections to Release Unredacted Documents to the ACLU
JEFFERSON CITY, MO — This week a judge in Missouri became the first to rule that a government entity that cites one reason for not producing Sunshine Law requested documents cannot come back and cite other exemptions when sued.
Judge Jon Beteem, Cole County Circuit Court, noted that to find otherwise would be “contrary to public policy” and would “discourage citizens from… challeng[ing] the exemptions claimed by a government entity that withholds documents, if, after a lawsuit is filed, the government could cite additional exemptions.”
In March 2012 the ACLU of Missouri requested materials related to a complaint from a state prisoner who said a Missouri Department of Corrections (DOC) employee intentionally damaged his Quran during a cell search. DOC refused to release the materials, citing a single exemption from a Sunshine Law.
The court found by citing only one exemption as a reason for withholding the documents, DOC waived all additional exemptions. Because the claimed exemption was not valid, DOC has agreed to turn over 14 unredacted documents responsive to the ACLU’s request and pay the ACLU’s attorneys’ fees and costs.
“The average citizen does not have the resources to challenge Sunshine Law denials, and it was unfair to allow the government to pile on exemptions after a lawsuit is filed,” explains Tony Rothert, Legal Director of the ACLU of Missouri. “The judge’s ruling helps level the playing field for the vast majority of citizens who do not have the resources to hit a moving target.”
“The Sunshine Law was created to give the public a window into the activities of our government,” says Jeffrey A. Mittman, the ACLU of Missouri’s executive director. “Instead of looking for ways to fog that window, Missouri’s public bodies need to grant requests for information as required by Chapter 610.”
This judgment and other court documents related to this lawsuit are available on the ACLU of Missouri’s website. The requested DOC materials will be placed on this site when they are received.
The ACLU of Missouri is a non-partisan, not-for-profit organization dedicated to defending and expanding the constitutional rights and civil liberties of all Missourians guaranteed by the U.S. and Missouri Constitutions, and is an affiliate of the national ACLU.
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Diane K. Balogh
Communications Director
American Civil Liberties Union of Missouri
454 Whittier Street
St. Louis, MO 63108
314-669-3425
314-652-3112 FAX
