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Friday, May 12, 2006

Law - Delaware bars public records access to out-of-staters

The NY Times has a story today that begins:

PHILADELPHIA, May 11 — A panel of federal appeals court judges will rule on the constitutionality of Delaware's Freedom of Information Act, which denies nonresidents access to public records in the state, the legal home of many major corporations.

The three-judge panel of the United States Court of Appeals for the Third Circuit held a hearing here on Thursday in the case.

Ten other states — including two in the Third Circuit, New Jersey and Pennsylvania — have laws similar to the one in Delaware.

From the Delaware News Journal:
PHILADELPHIA -- Delaware's reasons for refusing to allow out-of-state residents access to its public documents appeared to mystify a panel of 3rd U.S. Circuit Court of Appeals judges Thursday.

In court papers, Delaware officials have argued that the residency restriction on the state's Freedom of Information Act or FOIA, helps "define the political community and strengthen the bond between citizens and their government officials."

"What does that even mean?" asked Circuit Judge Maryanne Trump Barry.

Deputy Attorney General W. Michael Tupman attempted to answer, but the cross-examination left him stammering.

The arguments came during Delaware's appeal of a ruling last year by U.S. District Judge Joseph J. Farnan Jr., who found the restriction was unconstitutional.

The case is considered to be potentially precedent-setting, and Barry noted that there was little case law on the subject to guide the judges.

Delaware officials have said 11 other states have similar FOIA restrictions.

[Thanks to How Appealing for the links.]

Posted by Marcia Oddi on May 12, 2006 11:31 AM
Posted to General Law Related