The Washington State Attorney General issued an opinion concluding that a county’s real property assessment rolls, in an electronic form which could be sorted by property owner name, are “lists of individuals” which cannot be produced under the “commercial purpose prohibition” of the Public Records Act, RCW 42.56.0070(8).

The “commercial purpose prohibition” states that agencies “shall not” “give, sell or provide access to lists of individuals” when requested for a “commercial purpose.” RCW 42.56.0070(8). In an earlier 1980 Attorney General Opinion, issued when assessment rolls were only available to requesters in hard copy, static form, the Attorney General opined that records identifying property owners in alphabetical order were “lists of individuals” prohibited from disclosure under the “commercial purpose prohibition,” but that similar lists organized by parcel description were not: the AGO reasoned that those lists were still fundamentally lists of real property.


Continue Reading

On November 17, 2017, the Joint Legislative Audit and Review Committee (JLARC) issued guidance on the new reporting requirements enacted by the legislature in 2017. Engrossed Substitute House Bill 1594, which became effective July 23, 2017, requires all agencies to maintain a log of all public records requests submitted to the agency, and imposes more detailed reporting requirements for agencies that spend at least $100,000 on staff and legal costs associated with fulfilling public records requests in the past fiscal year. See RCW 40.14.026(4), (5). These detailed reporting requirements include the average time to acknowledge and close out records requests; the number of requests abandoned by requesters; the type of requester (i.e., law firm, media, incarcerated persons, etc.), to the extent that information is known; and the estimated agency staff time spent on each request. RCW 40.14.026(5).

The JLARC guidance document provides agencies direction on the detailed reporting requirements, including (1) how to calculate the $100,000 threshold and (2) for agencies exceeding the $100,000 threshold, what data they should be collecting for submission by July 1, 2018.


Continue Reading

On Friday, July 7, the United States Court of Appeals for the Third Circuit concluded that photographing, filming, or otherwise recording police activity in public “falls squarely within the First Amendment right of access to information.” With this holding, the Third Circuit joined the “growing consensus,” of the Circuit Courts of Appeal: the First, Fifth, Seventh, Ninth and Eleventh Circuits have previously reached the same conclusion.

In Fields v. City of Philadelphia, No. 16-1650 (3d Cir. July 7, 2017), the Court addressed the claims of two plaintiffs. The first, Amanda Geraci, filmed police arresting a protester at a 2012 anti-fracking protest in Philadelphia. After she began filming, an officer pinned her against a wall, preventing her from recording the arrest. The second, Richard Fields, used his iPhone to take a photograph of police breaking up a 2013 party. An officer saw Fields taking a photograph and arrested him, issuing Fields a citation. Neither Fields nor Geraci interfered with the police.


Continue Reading

A Washington Court of Appeals held that the Public Employees’ Collective Bargaining Act, chapter 41.56 RCW (PECBA), is not an “other statute” exempting records from disclosure under the Public Records Act, chapter 42.56 RCW (PRA), because the PECBA does not “expressly prohibit or exempt the release of specific records or information.” SEIU 775 v. Freedom Found., No. 48881-7-II (Apr. 25, 2017). This case represents the latest in a string of PRA disputes between local chapters of SEIU and the Freedom Foundation. In two opinions issued in 2016 (see here and here), the court addressed two separate disputes over the “commercial purposes” exemption of the PRA, RCW 42.56.070(9). SEIU is the union representing the individual workers who deliver personal care services to functionally disabled persons.

This latest lawsuit arose out of the Freedom Foundation’s request for Department of Social and Health Services (DSHS) records regarding the times and locations of trainings and meetings for the workers. The meetings were held at state facilities and not open to the public; and, DSHS provided time for SEIU to meet with the workers at these meetings. After receiving notice of the Freedom Foundation’s request from DSHS, SEIU sought to enjoin release of the records, concerned that the Freedom Foundation intended to show up at these meetings to discourage the workers from participating in the union.


Continue Reading

The Application of Open Records Laws to Publicly Funded Science” by Lauren Kurtz, Natural Resources & Environment, American Bar Association Section of Environmental, Energy, and Resources, Spring 2017

The referenced article discusses the potential exemption from public disclosure of scientific research. Included is discussion of the well-known Washington Supreme Court decision in

Everett Fighting Inmate’s Request For Bikini Barista Videos

By The Associated Press from Tri-City Herald [Washington]

The city of Everett is suing to block a prison inmate’s request for copies of surveillance videos of bikini baristas.

The Daily Herald reports the city filed a lawsuit in Snohomish County Superior Court last week seeking to prevent Jamie Wallin from obtaining videos under the state’s public records act.

In court filings, Everett attorneys say the court shouldn’t “feed this repeat sex offender’s perversions” by giving him videos featuring young women stripping and engaging in sexual conduct.


Continue Reading

In Gronquist v. State of Washington, Department of Corrections, Division II of the Court of Appeals held that RCW 42.56.565(1) prohibits an award of PRA penalties to a prison inmate serving a criminal sentence absent a showing of bad faith by the agency who denied the request.

Prison inmate Gronquist had requested several records from the Department of Corrections, including certain surveillance videos of the prison where he was incarcerated.  DOC withheld the surveillance videos as exempt investigative records essential to effective law enforcement under RCW 42.56.240.  DOC also inadvertently failed to disclose one page in a 96-page production of documents, which it later provided to Gronquist upon discovery of the error.  The trial court awarded penalties of $15 per day ($260 total) to Gronquist, but found no bad faith on DOC’s part.  Gronquist appealed on several grounds.


Continue Reading

375 staff hours at a cost of nearly $15,000 is the non-billable bill for the City of Port Orchard, Washington to fulfill a public records request according to an article in the Kitsap Sun.  Unlike federal agencies and governments in other states, Washington state government agencies can only charge a records requester for the