Ted Bridis and David Cuillier Comment on the Repercussions from Public Records Requests for an “Improper Purpose”
Ted Bridis, University of Florida College of Journalism and Communications Michael and Linda Connelly Senior Lecturer in Investigative Reporting and David Cuillier, director of the Brechner Freedom of Information (FOI) Project, are quoted in “Jacksonville State Attorney Seeks $130K from Activist Who Lost Records Lawsuit, Citing a Rarely Used Legal Provision” published on jaxtrib.org on Aug. 30.
The article focuses on a lawsuit filed by Curtis Lee alleging that the State Attorney’s Office had unreasonably delayed public records requests and used unexplained acronyms rendering them unintelligible. His complaint included the introduction of a new tiered fee system that added significant costs to his search.
State Attorney Melissa Nelson argued that Lee’s lawsuit was filed for an “improper purpose,” igniting a debate about the boundaries of citizens’ rights to access public information. It also represents one of the first major tests of a 2017 amendment to Florida’s public records laws that allows government agencies to seek reimbursement for legal costs if they can prove a records request or lawsuit was made for “an improper purpose.”
Bridis served as an expert witness for Lee and warned of the potential chilling effect if the judge requires Lee to pay the State Attorney’s Office.
“It’s a dangerous precedent affecting journalists, affecting news organizations, affecting public interest groups,” said Bridis. “It’s going to restrict public records litigation to wealthy plaintiffs who can afford to do this and face the risk.”
Bridis argued that people who are most likely to request records are also most likely to be skeptical of their government.
“People who are in the requester community — journalists, activists, public interest groups — we are naturally, inherently suspicious,” Bridis said. “We naturally have an adversarial relationship with government agencies, and so we don’t necessarily take at face value an agency’s claim that records don’t exist.”
According to Bridis, forcing Lee to pay may not discourage future requestors from taking legal action to try to resolve their problems. In some cases, an office claims it doesn’t have records because the custodian didn’t search for it in the right way. “That gets litigated. That’s what lawsuits are for,” he said.
Cuillier added that forcing Lee to pay would have a “really chilling and dangerous” effect.
“If you’re seeking records from the government, you usually have really good intentions and really want to know what the government is doing,” said Cuillier. “People who are willing to fight for those records may now think twice before doing so.”
He said an overzealous desire by the government to weaponize the amendment would punish “curious and dogged” citizens.
“People shouldn’t have to pay for being passionate,” he said. “It’s a slippery slope. One person’s frivolousness is another’s hardworking journalist or citizen who wants to make the world a better place.”
Posted: September 3, 2024
Category: Brechner Center, College News
Tagged as: Brechner Freedom of Information Project, David Cuillier, public records, Ted Bridis
