A win for public information Virginian-Pilot reporter had to fight to get records on prison strip searches
In an opinion released last week, Norfolk Circuit Court Judge Junius P. Fulton rightfully admonished the Virginia Department of Corrections for withholding records that shed light on what appeared to be a reprehensible breach of oversight in state facilities.
Saying officials “willingly and knowingly” violated the Virginia Freedom of Information Act by failing to produce records requested by Pilot reporter Gary Harki, Fulton concluded “the history of this case as evidenced through email, letters and testimony showcase VDOC’s attempts to stonewall Harki and to refuse to relinquish the documents.”
By ruling in favor of Harki and the newspaper, Fulton struck an important blow for the public’s right to know and underscored the importance of open government laws in holding officials accountable.
This case was months in the making and — it must be emphasized — could have resolved much sooner.
When an 8-year-old girl tried in November to visit her father at the Buckingham Correctional Center in Dillwyn, about 60 miles west of Richmond, Virginia Department of Corrections officials said her refusal to consent to a strip search before entering would result in her prohibition from the facility.
The girl was accompanied by her father’s girlfriend, who was not her legal guardian. The woman was singled out by a DOC dog trained to identify contraband, which would require a strip search in order to enter the facility.
After some consultation among officers, the girl was also ordered to undergo a strip search. Both women were told they could not enter the prison again if they refused, foisting that decision on a child without a parent or guardian’s advice or consent.
Strip searching an 8-year-old is outrageous on its face. Yes, VDOC officials want to keep drugs and other prohibited items out of prisons and away from inmates. But subjecting a child to that sort of trauma is disgraceful and shouldn’t be done in the public’s name.
The story Harki published in December about the incident generated considerable outrage throughout the commonwealth and raised a host of questions about DOC protocols for visitors, particularly how they apply to children. People are right to ask if this happened before and, if so, how frequently.
Getting answers proved challenging and was made considerably more difficult by VDOC officials who repeatedly refused straightforward records requests Harki filed in accordance with the Virginia Freedom of Information Act.
The state agency threw up numerous roadblocks to Harki’s work. It denied him the names of prisoner visitors who’d been strip searched, the reasons they were strip searched, and those who were banned for refusing to be strip searched. And it did not honor Harki’s request even when the reporter insisted he would accept “the simplest, shorting thing that would satisfy the request” and illuminate for the public the facts about these policies.
There is no doubt that the information Harki sought was of compelling public interest. These actions were taken by Virginia employees representing the state. But VDOC officials continued to deny Harki’s requests, despite the fact they followed the guidelines set forth in Virginia’s FOIA.
Harki and the newspaper, left with no alternative to obtain the information, filed a lawsuit against the VDOC. And this week, the Norfolk Circuit Court ruled against the state agency and for the public’s right to know what the government is doing in the people’s name.
The Virginia Freedom of Information Act is far from perfect. It includes nearly 200 exemptions which weaken its effectiveness, and violations are not criminal penalties, as in some other states, so officials don’t face stern punishment for violations.
Still, it can be effective in prying open the doors of government when officials are determined to keep them closed. In this case, the information Harki and the paper sought may protect Virginians from harsh and excessive abuse of power by the state, and the judge’s affirmation of that should be celebrated far and wide.