Roanoke Times editorial August, 2006
Virginia guarantees access to
government records through the state's Freedom of Information Act. At
least the law guarantees access to Virginians. Non-Virginians must hope
for sympathy from government officials.
Last week, a federal appeals court found such discrimination against
nonresidents unconstitutional in Delaware. The decision does not bind
Virginia, but state and local government should heed its wisdom until
the General Assembly unclogs the flow of information.
Virginia's governments serve Virginians, but their activities can
profoundly interest residents of other states. Property records might
affect where someone moving to the commonwealth chooses to purchase a
home. Transportation records might dictate whether a business opens an
office. Environmental records might prove interesting to states down
river or down wind from Virginia polluters.
Likewise, Virginians might have reason to query records in other states.
Virginia governments usually honor the spirit of open government by
granting out-of-state requests, but too often, they do not. The
nonprofit Virginia Coalition for Open Government and the state Freedom
of Information Advisory Council report they often see such denials.
Awarding special rights based on state citizenship usually violates
the U.S. Constitution. States may not do so without a very good reason.
No such reason exists to enlighten state citizens and keep noncitizens
in the dark.
The foolishness of limiting access deepens when one realizes that it
scares off only some citizen requesters. Corporations and individuals
can easily have an in-state agent or friend file the request.
Attorney General Bob McDonnell's office had no comment on the merits
of the decision. If lawmakers consider revisions, a spokesman
explained, McDonnell would advise them then.
Lawmakers passed Virginia's open government laws because they
recognized that government works best in the full sunshine of public
scrutiny. Keeping some people out of the light conflicts with that goal.
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