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ACLU Statewide Conference
July 28, 2012 Your Voice! Your Power! 2012

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Open Government

Updated 01.27.12 Federal laws such as the Freedom of Information Act, and state laws like Ohio's Public Records and Open Meetings acts, were designed to promote citizen involvement and government accountability.

Transparency allows for increased public awareness of government functions and actions, a higher level of efficiency and accountability, and a deeper sense of trust between leadership and the community.


What's Happening in Ohio

State ex rel. ACLU of Ohio v. Cuyahoga County
In April 2010, the ACLU of Ohio filed a lawsuit in the Ohio Supreme Court to require Cuyahoga County transition committees to comply with Sunshine Laws. The ACLU sent a public records request to the county for transition records, but the county claimed that the Sunshine Laws do not apply to the committees and refused to turn over those records. Read the press release announcing the suit.

On February 16, 2011, the Court ruled that the transition committees did not have to abide by state public records laws, and found they were private entities. Read the ACLU's press release and the Court's decision here.


State ex rel. Bardwell v. Cuyahoga County Board of Commissioners
On November 5, 2009, the ACLU of Ohio announced it would provide legal representation to community activist Brian Bardwell. Bardwell previously requested records detailing the Medical Mart project in Cuyahoga County. When part of his request was denied, Bardwell filed suit, representing himself.

The Eighth District Court of Appeals chastised Bardwell for filing too many lawsuits to enforce public records requests, even though the
law contains no limit. The court fined him $1,000 for filing the lawsuit and warned they might bar him from filing future lawsuits. The ACLU
of Ohio has appealed his case to the Ohio Supreme Court.

On October 26, 2010 the Ohio Supreme Court upheld the lower court’s decision on the groups that there was not enough evidence to show it abused its discretion. Read the ACLU’s press release on the case and the Court’s decision here.


What’s Happening Nationally

The “State Secrets” Doctrine
Unfortunately, the Obama Administration has embraced many Bush-era policies including the “State Secrets” Doctrine, which it has used to try to block lawsuits that question government action.

Read more about the ACLU’s efforts to fight post-9/11 government secrecy.


Resources

Can a public official limit who can tape a town hall meeting?

ACLU of Ohio Executive Director Christine Link's Constitution Day
2009 message: Honor Constitution by Ending Unnecessary Government Secrecy

How the national ACLU uses the Freedom of Information Act to investigate civil liberties abuses

Your Right To Know: Guide to the FOIA, published by the national ACLU

State-by-state description of the rights of reporters and citizens to get information and attend meetings of state and local governments

Overview of Ohio's Sunshine Laws

Public Records and Open Meetings: Your Rights as a Citizen, published by the ACLU of Ohio

A guide on how to file a complaint against a judge

Freedom of Information Act website of the U.S. Department of Justice

Read open government news releases and articles in our News Center.

Browse our webcasts for open government-related programs:
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