|
Federal suit challenges Va. FOIA residency rule |
 |
 |
 |
Virginia’s Exclusionary FOIA Statute Challenged in Federal Court
Summary: A former Virginia citizen challenged the exclusionary nature of Virginia’s Freedom of Information Act (FOIA) in Richmond’s federal court January 19. Virginia’s statute denies FOIA rights to anyone not a citizen of Virginia. Mark McBurney twice sought FOIA documents after Virginia’s Department of Child Support Enforcement (DCSE) admitted mishandling his child support case. DCSE denied both requests, ostensibly because he was no longer a Virginia citizen. A similar federal court challenge against the exclusionary aspect of Delaware’s FOIA succeeded in 2006.
February 3, 2009: A former Virginia Commonwealth citizen challenged the constitutionality of Virginia’s FOIA in Richmond’s federal court January 19 (complaint attached). Virginia’s FOIA denies FOIA rights to anyone who is not a citizen of Virginia (Virginia Code section 2.2-3704). The Third Circuit of the US Court of Appeals overturned a similar Delaware statute in 2006 (Lee v Minner, 458 F.3d 194).
Mark McBurney twice sought FOIA documents from Virginia’s Department of Child Support Enforcement (DCSE) after it acknowledged mishandling his child support case. DCSE officials denied both FOIA requests ostensibly because he was no longer a Commonwealth citizen. Virginia officials have previously selectively honored FOIA requests from non-citizens, according to FOIA experts.
DCSE officials also required McBurney, who was on a State Department posting to Australia, to communicate with the DCSE only through Australian governmental officials.
Professor David Vladeck and Kathryn Sabbeth of Georgetown Law Center’s Institute for Public Representation (IPR), and Steve Bricker, of Bricker Anderson, a Richmond law firm, represent McBurney in the FOIA matter. IPR also successfully argued Lee v. Minner before the 3rd Circuit.
Contact:
Kathryn Sabbeth, Georgetown University's IPR (for the FOIA issue only)
Tel: (202) 662 9546
Steve Bricker, Bricker Anderson, PC, Richmond, VA
Tel: (804) 649 2304
Mark McBurney
Tel: 401 359 9264
|
|
|
|
