Lessons from Uvalde
As investigation continues, the value of transparency is evident
As the investigation into the May 24 shooting at Robb Elementary School in Uvalde, Texas, continues, there are already lessons that every state and every community should take to heart, including here in Hampton Roads.
Twenty-one people were killed — 19 children between the ages of 9 and 11, and two teachers — and 17 wounded when a gunman attacked the school. He was shot and killed by responding law enforcement.
What happened before and during that siege remains the subject of countless questions. Attempts by local, state and national media organizations to uncover the truth have been frustrated by weak public access laws and a refusal by many officials to answer those questions.
The stonewalling by local and state officials underscores the necessity of strong transparency laws that allow for an independent review of pertinent records, videos and recordings. The absence of laws that favor access puts too much power in the hands of officials, who can decide what to disclose and what to keep secret.
ProPublica and The Texas Tribune are just two outlets that have submitted about 70 public information requests for these documents and recordings, and they are not the only outlets to file such requests, but those have borne little fruit.
Key officials, including law enforcement leaders and even Texas Gov. Greg Abbot, have changed their stories about the events of that day, creating a cloud of uncertainty as to what really happened. Texas law requires that agencies and officials that wish to withhold records subject to public release ask the state attorney general for permission, and many have filed those requests.
The people of that community and the state — indeed, the entire nation — deserve to know what happened in Uvalde. Yet it’s possible that because of weak public records laws and weaker public officials that information may never come to light and a full accounting of the facts may never come.
In Virginia, the Freedom of Information Act says that, “The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government.”
But it then goes on to list numerous exemptions that walk back from that straightforward assessment of what should be accessible by citizens. By leaving discretion for releasing records in the hands of officials, Virginia enables those officials to keep important records from public view.
In 2021, the General Assembly made an important change to the section of the law regarding police investigation files, making closed case files accessible to the public. But in March, the legislature voted to reverse itself, returning decisions about disclosure back in the hands of law enforcement.
As Sen. Joe Morrissey, D-Richmond, correctly said during the debate, “We are moving backwards.”
Second, and related to that point, is the need to elect public officials who understand the importance of transparency and are themselves champions of openness in government. It’s not enough to say you believe government should be accountable to the people, you have to show that in your conduct as a public official and through the legislation you support.
Virginia is fortunate to have many people in elected office and public positions who not only understand the value of transparency, but who advocate for disclosure when it matters most. Honesty is the only policy when you choose a life of public service.
As Virginia voters turn their attention to November’s elections — and to state and local elections that follow — they should elevate candidates who believe strongly in transparency and accountability.
Lamentably, there may be more that we learn as this investigation continues and more information is pried from public officials. But it is already clear that laws which require transparency in government are vital to accountability, and never more so when government will do whatever possible to conceal the truth from citizens.