#10- Freedom of Information Act

The Freedom of Information Act serves as a resource for any individual to request records from any federal agency. This is quite useful information to know. One does this through a FOIA request. These requests are then submitted into the specific agency's FOIA office. This can be done through fax, printed forms, e-mail, or through a web-form. Even though every citizen has the right to ask and receive information from a federal agency, sometimes Federal Agencies will not follow the law. In these circumstances, legal action will occur. Below are 2 very recent cases of when federal agencies allegedly (2nd case proven to be true, 1st case is still in legislation) did not follow the Freedom of Information Act. 

1st Case:

On Tuesday, April 26th, there was a lawsuit filed against the Michigan Development Economic

Corporation. The law suit was filed because the Mackinac Center Legal foundation believed that the Michigan Economic Development Corporation was violating the Freedom of Information Act. For over a year now, the Legal Foundation would request public records from the Economic Corporation and would be ignored or redirected, and would never get the records. The Legal foundation requested records from the MEDC to learn how the corporation figured out the amount for the return on investment for the Pure Michigan advertising campaign (payed for by tax-payer dollars). The MEDC stated that the campaign made $8.79/$1 in 2020. They never told how they were able to figure out this amount. Thus, provides a reason for the legal foundation to sue the MEDC. 

2nd Case

On Friday, April 29th, 2022, Judge James Plowman ruled on May 2nd that the Loudon County School Board violated Virginia's Freedom of Information Act (FOIA). The school board banned public comment on any business meetings and banned non-board members from viewing the meetings. 

"This lawsuit was about ensuring Loudoun County parents have the opportunity to be present when decisions affecting their children and families are made by their local government."-- Kevin McCandlish, an attorney from WhitbeckBennett PLLC

The plaintiffs included 3 parents of students who attended the Loudoun County Public Schools. These parents were
The court ruled that there was a violation of the Freedom of Information Act and that the school board does not have the power to cut out public comment and attendance at any meetings. All of this started when these three parents were denied the right to speak during the public comment section of the school board meeting of June 22nd, 2021.They were denied the right, and then were forced to leave school premises. 

"The Court found that due to its ruling the School Board had violated the public meeting requirement of Virginia’s FOIA statute, the Plaintiffs had substantially prevailed, and were entitled to an award of attorneys’ fees."