EFF asks judge for penalties in public
records suit
Attorney General seeks to limit EFF's ability to obtain
public information
OLYMPIA The Evergreen Freedom Foundation (EFF) today
filed a request for fees and penalties in its public records lawsuit against
the state, charging that documents related to the governor's deal with Boeing
were "wrongfully withheld from [EFF] until after [EFF] filed [legal]
action."
EFF filed its lawsuit February 6 after state officials refused to release
key public information related to the contract. The state initially turned
over 85 pages of documentation, and was forced by subsequent follow-up and
legal action to release a total of nearly 900 pages.
The state also filed a motion this week, which seeks to limit EFF's ability
to obtain public information related to the Boeing deal. The attorney general's
motion asks the judge to require that:
"All current and future public disclosure requests and related
communications regarding the 7E7 Project . . . from [EFF] and [EFF] representatives
must be [sent to state attorneys] for review. . . . For new public records
requests, the [state's] time period to respond . . . begins after this
review process is completed and on the date that the . . . agency receives
the request."
"EFF spent a lot of time and resources to get information released
that should have been readily available to anyone who asked," said
Jason Mercier, EFF's budget research analyst. "Legislators didn't even
get the information until EFF forced it into the open, and now the Attorney
General is trying to make special rules to prevent one organizationour
organizationfrom having access in the future to information about
the Boeing contract without the approval of state attorneys. They want immunity
from EFF."
Thurston County Superior Court Judge Christine Pomeroy will hear both motions
this Friday, March 26, at 9:00am in Building 2, Room 229.
At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:
"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"