Miami, Florida – Sunshine Week, an annual celebration of transparency laws, is shedding light on the continued efforts of government officials to undermine those very laws. This nationwide event serves as a reminder that while transparency may be championed for one week, the remaining 51 weeks often tell a different story.
Governor Ron DeSantis of Florida has come under scrutiny as two officers from the Florida Department of Law Enforcement claimed that his office blocked the release of publicly-funded travel records. These officers allege that they faced retaliation for asserting that these records should be public under the state’s Sunshine Law. Florida has a long history of erosion of its public records law, but DeSantis and his allies in the state legislature are significantly exacerbating the problem.
In another incident taking place in Tampa, a fire chief called the police on a journalist who requested to inspect public records in person. Despite Florida’s clear provision stating that all state, county, and municipal records are open for personal inspection and copying, two department employees argued against the journalist’s right to access the records. The incident highlights the need for officials to respect the crucial role of journalists in asking questions and seeking explanations.
Virginia is also facing its own challenges regarding public records access. A former Richmond government employee recently filed a whistleblower retaliation lawsuit, accusing city officials of deliberately delaying and stonewalling Freedom of Information Act (FOIA) requests. This lawsuit follows a news report indicating that Richmond frequently fails to meet FOIA deadlines and even ignores requests altogether.
The lack of accountability and consequences for violating public record laws is a pervasive issue across the country. A survey conducted by the Associated Press revealed that fewer than a third of U.S. states have offices dedicated to handling Freedom of Information appeals and enforcing compliance with the law. In many states, residents are left with no choice but to file costly lawsuits to resolve complaints about agencies wrongfully withholding public records.
To address these challenges and promote transparency, independent offices must be created to resolve public records disputes without resorting to expensive lawsuits. Without such mechanisms, the current system disadvantages the average person who cannot afford the financial burden of legal battles just to enforce the law. Simply put, without more accountability, sunshine laws become nothing more than empty promises.
The need for transparency and responsive government is evident. As Sunshine Week continues, it is essential to reflect on the importance of upholding and strengthening transparency laws. Only through holding officials accountable can we truly achieve an open and accountable government that serves the best interests of all its citizens.