Comment by qingcharles
2 months ago
Matt, you do the Lord's work.
Bear in mind that Matt technically lost this, even with the backing of some of the absolute best civil rights lawyers in the country, Loevy and Loevy, fighting on his behalf. This shows you the absurd difficulty in fighting city hall, especially if you're crazy enough to do it without representation.
The one thing working in our favor is what is proposed in TFA: change the law. Once the state Supreme Court has ruled you're hosed unless you can get an amendment. Illinois has a very strong history of amending its FOIA statute, although a proportion of those changes are to further protect information from disclosure, not always on the side of sunshine.
Another change that needs to happen is strong punishment for bodies who lose these fights. In Illinois this is limited to a "$5000 civil penalty" against the body. What is a civil penalty? It's vaguely defined. They used to throw the money to the plaintiff, but in the later cases I fought they simply awarded the money to the county. As one State's Attorney said to me "I don't care if I lose every case, I just write a check out to myself."
(one final note: be careful what you wish for when you litigate, you can end up with an appellate decision like this that solidifying in law the exact thing you were fighting. It's nobody's fault, but it happens. I ended up with one absurd decision that removed prisoners' rights rather than enhanced them.)
A losing public body is also generally on the hook for attorney's fees, which can be considerable. But the general problem here is that the public bodies are all spending someone else's money, so the real deterrent you have is how much of their time you can credibly threaten to eat up with legal actions.
That's true, as long as you are represented. I knew one lawyer in Illinois who would sit in FOIA court and take all the non-represented persons aside and offer to take their cases and split the attorney fees 50/50. I believe it isn't strictly above-board, but it is a solution to a problem.
People don't like being put under oath, so you can somewhat temper a public body's future refusals by deposing them or sticking as many of them on the stand. Especially with depositions, if you aren't represented then you can't be giving any attorney discipline for asking completely outrageous questions to force the deponent to admit crimes etc under oath.
I went up against my muni over their refusal to release their police General Orders (which seems real dumb in retrospect; we got the General Orders from most of Chicagoland with no protest†). I reached out to Matt Topic, who offered to sue for free, or send a nastygram for a billable hour.
I ended up doing the latter, because I gotta work in this town, but one consequence of fee recovery is that it's much easier to get representation for a FOIA suit.
† https://github.com/jjarmoc/chicago-area-general-orders/
so the attorney gets half of what the attorney gets? Zeno's Paradox.
Being threatened with billable hours? They must be terrified.