Litigation
September 20, 2012
WA Supreme Court Hears Executive Privilege Case
This morning, the Washington State Supreme Court heard arguments in the case Freedom Foundation v. Gregoire. The case challenges the governor's use of executive privilege to withhold public records.
September 18, 2012
Executive Privilege Case receives editorial support from Seattle Times
It isn’t often the Seattle press and The Freedom Foundation are on the same side of an issue. But when The Seattle Times published a favorable editorial about the pending State Supreme Court case, Freedom Foundation v. Gregoire, it validates what we already know –Gov. Christine Gregoire compulsively and consistently abused her presumed right of executive privilege during her two terms in office.
August 27, 2012
Foundation Receives Amici Support from NFOIC, WCOG & Newspapers in Executive Privilege Case
Last week, the National Freedom of Information Coalition (NFOIC), the Washington Coalition for Open Government (WCOG), Allied Daily Newspapers of Washington and Washington Newspapers Publishers Association joined together and filed an amicus ("friend of the court") brief in the case Freedom Foundation v. Gregoire.
May 11, 2012
Partial victory in open government case against state ferry system
If a state-run passenger ferry crashes does the public have a right to see investigative records? This was the issue in a ruling issued by the Court of Appeals in Freedom Foundation v. Washington State Department of Transportation.
May 08, 2012
Executive Privilege Case Receives Widespread News Coverage
It’s not often that an issue generates support from all across the political spectrum, but the Freedom Foundation has done it with our legal challenge to Gov. Gregoire’s broad claims of executive privilege.
April 25, 2012
WA Supreme Court Accepts Executive Privilege Case
OLYMPIA—The Washington State Supreme Court on Tuesday agreed to hear a challenge to the governor's executive privilege -- a presumed "right" that Gov. Christine Gregoire asserted nearly 500 times in a four-year period to stymie dozens of public records requests.
“If the governor is allowed to withhold records through executive privilege, it would be the most significant expansion of government secrecy in years,” said Mike Reitz, general counsel for the Olympia-...Read more here
April 19, 2012
Governor Hides Records on Judicial Appointments
Judges are elected in Washington, but when the governor makes a vacancy appointment, the public doesn't get to see the appointment process.
April 18, 2012
Governor Hides Viaduct Replacement Records
The Alaskan Way Viaduct is the double-decked highway that runs along the Seattle Waterfront, carrying up to 110,000 vehicles a day.
April 12, 2012
Freedom Foundation files Amicus Brief in Public Records Case
FOR IMMEDIATE RELEASE
April 12, 2012
OLYMPIA—A public agency cannot relieve itself of the obligation to comply with the Public Records Act through administrative policies. That is the argument the Freedom Foundation supported in its amicus curiae (“friend of the court”) brief filed earlier today in the Washington State Supreme Court. The Foundation partnered with the Washington Coalition for Open Government to offer support in this case involving improper nond...Read more here
April 03, 2012
Freedom Foundation v. Christine Gregoire
The Freedom Foundation is taking Governor Christine Gregoire to the Washington State Supreme Court to fight against a major expansion of government secrecy. Two questions are raised in our lawsuit. The first is whether the governor can withhold records from public review without citing a statutory exemption. Second, we ask if the constitutional theory of executive privilege trumps Washington’s Public Records Act.
April 03, 2012
Freedom Foundation v. Gregoire
In April 2010, the Freedom Foundation requested several documents from the governor's office. The governor produced some documents, but withheld others on the basis of executive privilege. The governor's office insists that the constitutional theory of executive privilege entitles her to shield certain discussions and documents from public scrutiny. However, executive privilege is not a recognized statutory exemption found in the Public Records Act. Since 2007, the governor's...Read more here
March 14, 2012
Freedom Foundation expands litigation center
The Freedom Foundation is pleased to announce the launch of the Theodore L. Stiles Center for Liberty, which will advance the rule of law and a legal climate where individuals can exercise their fundamental liberties and government is limited to its proper role.
February 16, 2012
OG Pod: State Pays Millions for Public Records Violations
Mike Reitz and Greg Overstreet discuss KING 5's recent report that the state has paid $4.8 million over five years for public records violations.
February 16, 2012
Washington Supreme Court invalidates Mason County conservation assessment
Property owners win a victory at the Washington Supreme Court.
Today the Washington State Supreme Court delivered a win to four Mason County residents who disputed a special assessment that Mason County had levied on nonforest lands.
November 30, 2011
Freedom Foundation Argues WSDOT Case Before Court of Appeals
The question of whether the personnel records of public employees should be as confidential as those of workers in the private sector took another twist earlier this week as the Freedom Foundation presented argument to the Court of Appeals in the case Freedom Foundation v. Washington State Department of Transportation.
October 28, 2011
Free Speech' That'll Cost You $1 Million
Local business owner Barney McClanahan sued the City of Tumwater for free speech violations after the city yanked a sign he posted in front of his business. Tumwater argues that public safety concerns justify restrictions on free speech—that allowing signs such as the STOP Thurston County signs will result in killing children and handicapped persons. The city also demands that McClanahan post a $1,000,000 bond to indemnify the city against any injuries of fatalities.
September 02, 2011
Governor shouldn't have right to keep public records from us
This state’s Supreme Court has an opportunity to defend an important principle on public records. The court must decide whether Gov. Chris Gregoire, or any future governor, has the right to withhold documents from public examination based on “executive privilege.”
August 23, 2011
Freedom Foundation's Appeal Gains Editorial Support
Two editorials this week gave their support to the lawsuit and to transparent government
August 17, 2011
Freedom Foundation appeals executive privilege issue to Washington State Supreme Court
OLYMPIA—Today the Freedom Foundation filed an appeal with the Washington State Supreme Court, appealing a lower court ruling that Gov. Chris Gregoire can withhold public records by asserting executive privilege.
August 11, 2011
Tumwater Man Sues City for Violation of Free Speech Rights
The Freedom Foundation files free speech lawsuit against the City of Tumwater on behalf of Barney McClanahan.