Section Newsletters

Articles on Freedom of Information Act

New Freedom of Information Act Cases By Roland R. Cross Education Law, June 2020 In December 2019, the Illinois Supreme Court concluded that a Freedom of Information Act requester should have obtained a settlement agreement between an entity that contracts with the Illinois State Department of Corrections to provide medical care for inmates and the estate of a former inmate.
What constitutes being a “public body” subject to the provisions of FOIA – Better Government Association v. Illinois High School Association, et al. By Patrick T. Driscoll, Jr. Government Lawyers, December 2017 The Illinois Supreme Court, in Better Government Association v. Illinois High School Association, et al., determined that the Illinois High School Association was not a “public body” as defined by the Freedom of Information Act
What constitutes being a “public body” subject to the provisions of FOIA – Better Government Association v. Illinois High School Association, et al. By Patrick T. Driscoll, Jr. Education Law, December 2017 The Illinois Supreme Court, in Better Government Association v. Illinois High School Association, et al., determined that the Illinois High School Association was not a “public body” as defined by the Freedom of Information Act
Demystifying “unduly burdensome” under FOIA By Robert L. Miller Government Lawyers, March 2017 The Freedom of Information Act provides that every person is entitled to complete information about Illinois governmental agencies. However, the Act includes various types of exclusions including approximately 70 enumerated exemptions, an unknown number of exemptions under the umbrella of 5 ILCS 140/7(1)(a), and the “unduly burdensome” exemption.
New FOIA decisions By Everett Nicholas Education Law, August 2016 On June 24, 2016, the First District interpreted the question of whether the Illinois High School Association was a subsidiary body subject to FOIA. The Second District addressed the question of what types of data a public body must disclose from its databases.
Recent PAC opinion and materials By Michael T. Jurusik Local Government Law, June 2016 Proposed and enacted legislation of interest.
Private communications and FOIA: Policy questions in search of answers By Ruth A. Schlossberg Government Lawyers, April 2016 Are all e-mails-- of anyone associated with a public body that relate in any way to public business-- subject to FOIA regardless of the device or e-mail address from which they were sent?
Recent Public Access Counselor opinions and materials By Michael T. Jurusik Local Government Law, January 2016 Illinois' Attorney General has recently issued the following Public Access Counselor opinions.
Private communications and FOIA: Policy questions in search of answers By Ruth A. Schlossberg Local Government Law, November 2015 Are all e-mails-- of anyone associated with a public body that relate in any way to public business-- subject to FOIA regardless of the device or e-mail address from which they were sent?
Dahlstrom v. Sun-Times Media: To redact or not to redact police reports By Jennifer Gibson Local Government Law, March 2015 This recent case could change the way municipalities fill their FOIA requests.
New PAC non-binding opinion By John M. O’Driscoll Local Government Law, August 2014 In an interesting non–binding opinion, the Attorney-General’s Office concluded that the Chicago Convention and Tourism Bureau, now named “Choose Chicago,” was not subject to FOIA despite being funded by tax dollars.
FOIA—A State’s Attorney’s Office is a public body By John H. Brechin Administrative Law, July 2014 A synopsis of the Supreme Court's recent decision in Nelson v. Kendall County.
FOIA—A State’s Attorney’s Office is a public body By John H. Brechin Local Government Law, June 2014 A synopsis of the Supreme Court's recent decision in Nelson v. Kendall County.
Public Access Counselor Rulings By Ruth A. Schlossberg Local Government Law, June 2014 Summaries of two recently released Public Access Opinions, one regarding the Open Meetings Act and one pertaining to the Freedom of Information Act.
Case summaries Local Government Law, May 2014 Recent cases of interest to local government law practitioners.
Two new appellate cases further interpreting Illinois’ Freedom of Information Act By John Redlingshafer Local Government Law, April 2014 Both cases can have an impact on your local government practice: The first discusses what constitutes a “prevailing party” under FOIA, while the second revisits the issue as to whether a public body has to create a record in order to respond to a request.
Modified policy on Freedom of Information Act disclosure of amounts paid to individual physicians under the Medicare Program Centers for Medicare & Medicaid Services Health Care Law, March 2014 In January, the Centers for Medicare & Medicaid Services (CMS) announced that effective March 18, 2014, it will follow “a new policy regarding requests made under the Freedom of Information Act for information on amounts paid to individual physicians under the Medicare program. . . .” Under this new policy, physicians may find that their Medicare payments in a given year become public information. A summary of this new policy is included in this issue.
Investigation exemption under the Illinois Freedom of Information Act By Walter J. Zukowski & Morgan Johnson Education Law, February 2014 The Illinois Attorney General's Office of the Public Access Counselor recently issued an important opinion for schools and other governmental bodies regarding interpretation of a provision of the Illinois Open Meetings Act.
More case law on FOIA’s unduly burdensome exemption: Shehadeh v. Madigan By John Redlingshafer Local Government Law, February 2014 Shehadeh v. Madigan is a sound reminder to those attorneys who represent or otherwise assist public bodies in responding to FOIA requests.
1 comment (Most recent February 28, 2014)
State Journal-Register v. University of Illinois Springfield: Journalism or sensationalism – The Appellate Court weighs in By Yolaine Dauphin Racial and Ethnic Minorities and the Law, January 2014 In this case, the Journal had published articles on a sex scandal involving coaches at UIS, and sought additional information to continue its coverage of the story.
PAC Opinion report By Ruth A. Schlossberg Local Government Law, December 2013 Recent opinions from the Illinois Attorney General's Public Access Counselor.
State Journal-Register v. University of Illinois Springfield: Journalism or sensationalism – The Appellate Court weighs in By Yolaine Dauphin Administrative Law, December 2013 In this case, the Journal had published articles on a sex scandal involving coaches at UIS, and sought additional information to continue its coverage of the story.
Freedom of information By John H. Brechin Local Government Law, November 2013 The United States Supreme Court, in a unanimous decision, held that the Virginia Freedom of Information statute, which is only available to citizens of their state, did not violate the privileges and immunities clause of the Constitution.
McBurney v. Young: Freedom of Information, the Privileges and Immunities Clause and the Dormant Commerce Clause By Yolaine Dauphin Administrative Law, October 2013 On April 29, 2013, the United States Supreme Court issued its opinion in McBurney v. Young,  upholding the validity of the Virginia Freedom of Information Act, which made public records “open to inspection and copying by any citizens of the Commonwealth,” without granting a similar right to non-citizens.
Don’t text and legislate, or suffer the FOIA consequences By Timothy J. Clifton Local Government Law, September 2013 On July 16, 2013, the Illinois Fourth District Appellate Court published their opinion in City of Champaign v. Madigan, addressing the Freedom of Information Act’s applicability to text messages sent or received by public officials.
Texts and e-mails sent or received during public meetings by board members using personal electronic devices are subject to FOIA By John M. O’Driscoll Local Government Law, September 2013 The first of two reviews of the recent City of Champaign v. Madigan case.
Just what the doctor ordered: The red light doctor gets his red light camera FOIA request By Matthew S. Dionne Local Government Law, August 2013 This article explores the Fagel v. Department of Transportation decision, its implications, and what public bodies might consider going forward with regard to electronic records and FOIA requests.
Case update list Local Government Law, July 2013 Recent cases of interest to local government law attorneys.
Case summary: Rock River Times v. Rockford Public School District 205, 2012 IL App(2d) 110879 By Everett E. Nicholas, Jr. & Catherine Locallo Education Law, March 2013 The Illinois Appellate Court for the Second District recently decided a case regarding attorney fees and civil penalty provisions under the Illinois Freedom of Information Act.
Can public bodies claim records are “Outside the scope” of a FOIA request? By John Redlingshafer Local Government Law, June 2012 A discussion of the Attorney General’s Public Access Counselor's binding opinion 12-009, which makes clear that “a public body is not authorized to redact information from responsive records which it considers to be ‘outside the scope’ of the FOIA request.”

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