NEWS ADVISORY

September 30, 2004

State Supreme Court, Gregoire complete assault on public records law

OLYMPIA, WA – Today the Washington State Supreme Court again followed the recommendations of Attorney General Christine Gregoire in weakening the people's once strong public records law. In a 6-3 ruling in the Yousoufian versus Ron Sims public records case, the court held that despite the clear intent of Washington's public records law, agencies need only be fined per day for violating the law and not fined per record, per day for each record illegally withheld.

Earlier this year, the court ruled 5-4 that agencies can deny records requests that are "over broad" and/or on the grounds of attorney-client privilege. Attorney General Gregoire's office filed amicus briefs in both these cases recommending in one the attorney-client privilege exemption and in the other for per day rather than per record fines for violations.

Gregoire's actions in these public records cases contradicts her own website which states: "Citizens can control their government only if they can remain informed about the decisions their government officials are making."

"Rather than act as chief defender of our public records law, Gregoire has used her position as attorney general to turn the law on its head," said Bob Williams, Evergreen Freedom Foundation President. "Since Gregoire has successfully convinced the Supreme Court to further gut Washington's public records law, legislative relief must be sought to reaffirm the people's right to know."

The intent section of Washington's public records law reads: "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. The public records subdivision of this chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy." - RCW 42.17.251

In a strongly written dissent to today's ruling, Justice Richard Sanders said: "We have consistently recognized the PDA is a ‘strongly worded mandate for broad disclosure of public records.' The PDA does not equivocate in its directive toward agencies asked by an inquisitive citizen to disclose records: ‘Responses to requests for public records shall be made promptly by agencies . . . ' Yet no matter how strong a mandate or how clear a directive may be, it amounts to nothing more than words on paper unless it is vigorously enforced by an independent judiciary . . . by RCW 42.17.340 (4)'s clear terms an agency must be penalized every time it wrongfully denies access to ‘any public record.'"

"With the court's rulings this year on public records, it is painfully clear that justice is truly blind in Washington," said Williams.

Additional Information
Attorney general strains to withhold public information
State auditor denied access to state records

Contact: Booker Stallworth | Communications Director | 360.956.3482

Evergreen Freedom Foundation P.O. Box 552, Olympia, WA 98507 Phone: (360) 956-3482, Fax: (360) 352-1874 Email: effwa@effwa.org