4 ms·
> State freedom-of-information laws generally allow requesters who believe they are wrongly denied records to file lawsuits seeking to force their release. If t
by rflrob 9y ago
> State freedom-of-information laws generally allow requesters who believe they are wrongly denied records to file lawsuits seeking to force their release. If they succeed, government agencies can be ordered to pay their legal fees and court costs. Suing the requesters flips the script: Even if agencies are ultimately required to make the records public, they typically will not have to pay the other side's legal bills.
IANAL, but this seems to me to be a perversion of the intent of the laws. I would assume there are pretty clear statutes that indicate when one party can be forced to pay the legal fees of the other (and that those statutes vary from state to state), but aside from the labels of "Plaintiff" and "Defendant", the roles of "Government" and "Citizen requesting records" seem more natural, and should be what's relevant to the outcome of a contested FOIA request.