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FOIA citizenship case ruling |
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A federal district court in Richmond upheld Virginia's limitation on the use of the state's Freedom of Information Act to citizens of the Commonwealth (and newspapers covering Virginia). The court agreed that the plaintiffs had standing to bring the suit (a technical issue that was previously disputed), but also ruled the limitation does not burden fundamental rights within the Privileges & Immunities Clause. The court agreed with the AG that because the plaintiffs wanted to use the records for their own personal benefit, instead of for participating in or writing about the political process, then a fundamental right was not at stake. (Note: Virginia's FOIA also does not contain a PURPOSE clause that designates which uses of FOIA are permissible or good, and which are not.)
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"VFOIA’s goal is to keep the public informed about the government’s actions so that the citizenry can hold elected officials accountable.... Providing noncitizens access to public records does not help educate Virginians about their government. Further, the close connection between Virginia government and Virginia citizens, and the fact that Virginia citizens bear the burden of paying taxes that support government and the consequences of government action, justify limiting FOIA disclosures to citizens. Finally, ... Virginia has a compelling interest in providing government records to citizens in a timely, efficient manner, and responding to out-of-state VFOIA requests would frustrate these interests by diverting time and resources that would otherwise be available for in-state requests. "
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