Friend,
Transparency is a cornerstone of any healthy democracy, at every level of governance. In New York, the Freedom of Information Law (FOIL) is supposed to empower New Yorkers to know what our state and local governments are doing – for us, to us, and with our tax dollars. But the system is deeply broken, with government agencies systematically delaying and withholding records that should be public in the first place.
Yesterday, S.T.O.P. released our latest research report, Failures of FOIL: New York’s Open Records System Needs Reform, detailing where FOIL went wrong in New York—and how to fix it. Instead of promoting transparency, New York’s open records law has become a law of discretion rather than obligation, governed by vague timelines, nonbinding oversight, and an appeals process that favors the agencies it was designed to hold accountable. This evasion of oversight prevents journalists, activists, and everyday New Yorkers from rooting out corruption in our government.
Our report comes while New York is at a crossroads in addressing this long-festering problem. In recent weeks, the State Assembly passed the FOIL Reporting Act and FOIL Commercial Exemption Act, and the State Senate advanced the FOIL Commercial Exemption Act and FOIL Attorney’s Fees Act through committee. We’re thrilled to see the advances of these much-needed reform bills. But the state legislature must act quickly to pass the full FOIL legislative package we have advocated for alongside Reinvent Albany, NYCLU, Legal Aid Society, New York Coalition for Open Government, and many more civil rights groups.
Other states have done better in implementing meaningful FOIL reforms, including Pennsylvania and Florida. It’s time for the Empire State to catch up.
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In solidarity,
David Siffert
Legal Director
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