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I agree with the bit about individual cause of action, as long as it includes attorney fees too, as that is the way to go from having to file yourself, to getti
by qingcharles 2y ago
I agree with the bit about individual cause of action, as long as it includes attorney fees too, as that is the way to go from having to file yourself, to getting juicy lawyers lined up to make bank (from my experience litigating FOIA).
In fact, with FOIA in Illinois the only way to hurt a non-compliant public body is with the attorney fees[]. There is a civil penalty per violation, but it isn't paid to the litigant, but it is paid by the public body to the county. As one government lawyer said to me, "I don't care if I lose! I just write a check out to myself!"
[] some of the lawyers I know who do this work agree to split their fees with the litigant as an incentive for them to see it through, which I don't think is technically legal, but it let's people keep the government honest and make some change for their effort