‘Public’ records costly to access

HUNTSVILLE, Ala. — Dana Holladay-Hollifield has worked as a nurse in Alabama for years, but never was her pay as low as it was at Huntsville Hospital.

She wondered what executives at the not-for-profit facility were making, so she filed a public records request to find out. The hospital is governed by a public board, she said, and therefore subject to the state’s open records law.

Many months and roadblocks later, Holladay-Hollifield faced a decision: File a costly lawsuit to get the information, or give up.

“This is supposed to be easy to access,” she said. “I’ve got three kids; I’m taking care of my mother-in-law and my husband. I mean, I don’t have a spare $10,000.”

Holladay-Hollifield’s predicament represents what experts say is a fundamental breakdown of American democracy: the fact that, in most states, the most effective — and often only — option for residents to resolve open government disputes is to sue.

“Unfortunately, in the United States, almost everywhere, you have to go to court to enforce these laws. And that’s just wrong,” said David Cuillier, director of the Joseph L. Brechner Freedom of Information Project at the University of Florida. “If the system requires the average person to hire an attorney to make democracy work, then it’s really broken.”

A nationwide review of procedures by the Associated Press and CNHI News, timed to Sunshine Week, found that fewer than a third of states have offices that can resolve residents’ complaints by forcing agencies to turn over documents or comply with open meetings requirements.

In most states, residents have just one meaningful option when they believe an agency is illegally withholding public information: to wage a legal battle. This system has a chilling effect, discouraging private citizens from finding out about everything from police investigations to how elected officials make decisions and spend taxpayer money.