THE VALUE OF FREEDOM OF INFORMATION LAWS

 

 

The following appeared in the January 24, 2004 Parade Magazine section of the Hartford Courant.  The story expounds upon the value of Federal and State Freedom of Information Laws which provides citizens with access to their government and the information produced and received by their government.  Also, visit these three valuable websites:

 

State of Connecticut Freedom of Information Commission:  http://www.state.ct.us/foi/

Open Doors: Accessing Government Records http://www.spj.org/foia_opendoors.asp   

Using The Freedom Of Information Act: A Step-By-Step Guide http://archive.aclu.org/library/foia.html

 

 

Start your own FOI search

How They Uncovered The Truth
By Micah Morrison

 

 

At first glance, they don’t look like activists. Mike and Linda Raymond of Woburn, Mass.—a blue-collar community north of Boston—are both in their mid-50s. They have been married 35 years, with two grown sons and four grandchildren. Mike teaches computer and fitness classes at the local high school. Linda is a secretary with the public school system. But these self-described “everyday working people” took on City Hall in a battle to protect their community.

Family pictures are on proud display in the Raymonds’ comfortable home on North Maple Street in one of Woburn’s many close-knit neighborhoods. “It’s a good place to raise kids,” Mike Raymond says of his town. “It has excellent schools and a good health-care system.” Yet, on an autumn day three years ago, the Raymonds discovered something about their community that troubled them deeply.

The Raymonds took a walk down the wooded path at the end of their street. Past small ponds and a rise of trees, they came upon an astonishing sight: Trucks loaded with debris were rumbling up the 60-foot slopes at the Woburn Landfill. The 40-acre mountain of trash had been dormant for more than 15 years—now, mysteriously, it was growing again.

“I worried,” Linda Raymond recalls. “Who had opened the landfill? Was it toxic? Why hadn’t people in the neighborhood been told?”

Given Woburn’s history, the Raymonds had reason for concern. In the 1980s, the town was rocked by a lawsuit against local industries claiming that water pollution had led to an increase in leukemia deaths. The story was revived in the ’90s with the book and movie A Civil Action. Today, Woburn Mayor John Curran says the city “has worked hard to overcome the Civil Action stigma. Our drinking water has been of the highest quality for over 20 years.”

Getting no answers
But when Linda Raymond contacted town officials to find out what was going on, she hit a stone wall. “I couldn’t get a straight answer from anyone,” she says. “It was very frustrating.” So, to get answers—and action—the Raymonds turned to a powerful set of tools: federal and state Freedom of Information (FOI) laws.

As the Raymonds discovered, FOI requests can be made by anyone. “There are a million ways the public can use FOI laws,” says Robert Freeman of the New York State Committee on Open Government. “When property taxes are raised, you can review the assessment rolls to ensure that you’ve been treated fairly. You can find out if your child’s teacher is really certified to teach math. You can find out if a restaurant has health-code violations.”

First steps
After researching FOI laws, Linda Raymond figured that her first letter should go to the Massachusetts Department of Environmental Protection. She wrote asking for “any and all documents pertaining to the Woburn Landfill,” noting that she was making the request under the state’s Freedom of Information laws. The agency quickly complied, inviting Linda to come review the files.

Speedy cooperation from government agencies is not always the norm. “There will be delays,” Linda says. “Sometimes you have to be persistent. And it’s important to know your rights—including the right to an appeal when documents are denied.”

Looking over the files, Linda made some important discoveries. Under state law, the city was required to bring in material to “cap” the landfill and close it with a protective lining of topsoil, loam and netting. She found that, to pay for the multimillion-dollar project, Woburn had hired a private contractor who was hauling in soil and debris from construction sites to cover the capping costs. In reading through the documents, Linda also discovered that the bottom of the landfill did not have a protective lining.

That’s when the Raymonds really began to worry, because the landfill sits on top of a watershed feeding into the nearby Aberjona River. “We found medical waste, coal ash, construction debris and oil seeping into the wetlands,” Mike recalls. Were contaminants polluting the watershed?

Digging deeper
The Raymonds zeroed in with more specific requests. A second FOI petition went to the Woburn city clerk for the contract the town had signed with the waste-management firm. The response brought some startling news: “The original contract called for 300,000 tons of waste to be brought in,” Mike explains, “but the town was looking to expand the landfill by another million tons.”

 

A third request, to the Woburn Board of Health, brought documents revealing that the former mayor had quietly assembled a panel to advise him on landfill issues, with no public input. The documents also showed discussions of plans for the future of the site, including turning it into a picnic area or police shooting range.

“We got very angry,” Linda recalls. “We felt the politicians were making plans without anyone knowing about it. And there were possible health risks.”

Taking action
The Raymonds swung into action. They organized their neighbors, contacted the media and raised the issue at public meetings. “The documents we obtained under FOI educated us,” Linda says. “And we in turn were able to educate the community.”

At first, their aims were modest. “We wanted to postpone the capping until the landfill could be tested and deemed environmentally safe,” Mike says. But the Raymonds had hit a nerve. Under mounting pressure, plans for the landfill were shelved.

“Without FOI laws,” Linda says, “we couldn’t have done it.”

A threat to access?
Next time, it might be more difficult. Some journalists and civil liberties defenders believe that fences have gone up around FOI laws in the aftermath of 9/11. “Freedom of Information is under threat,” says Woburn Daily Times Chronicle columnist Marie Coady. “Across the country, it’s becoming harder to access documents.”

On the federal level, “there has been a major change in atmosphere since 9/11,” says Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press. Federal officials “are not releasing information they would have provided five years ago.”

Still, thousands of Freedom of Information requests continue to be routinely processed every year. And with legal challenges under way, ultimately the courts will decide whether the new restrictions are a reasonable response to a changed world.

The Raymonds say they’ll keep using FOI laws. Although the state of Massachusetts has given the Woburn Landfill a clean bill of health, the couple plan to closely watch the results of the elaborate pollution-monitoring procedures established at the site.

“We’re just everyday people,” Linda says, “but we stopped a landfill from expanding and raised environmental awareness. Any community can do what we did.”

Mike agrees. He cites his favorite quote, from anthropologist Margaret Mead: “Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.”

 

A Powerful Tool Everyone Can Use

It’s not difficult to use Freedom of Information laws, and there’s no telling what you might turn up. Here are some tips on getting the information you want:

RESEARCH FIRST. Who has the information you’re seeking? Identify your targets. Ask your local librarian for help. Check municipal, state and federal Web sites. Most states have a designated office to help with public-records searches. Federal agencies have FOI officers. The Reporters Committee for Freedom of the Press (www.rcfp.org) publishes guides to using state and federal Freedom of Information laws.

PUT IT IN WRITING. While some states allow oral requests, it’s best to write a short letter stating what information you’re seeking. Note that you’re making the request under a state or federal Freedom of Information statute. Be as specific as possible. The Reporters Committee for Freedom of the Press has a helpful sample letter at its Web site.

SHOW THEM THE MONEY. Often there will be a photocopying fee and other costs related to your request. You can speed the process by stating in your letter how much you’re willing to pay and asking to be notified if costs exceed that amount. You also can request a fee waiver. In some cases, you can go to a government office to view the documents and do your own copying.

EXEMPTIONS AND APPEALS. Many public records are exempt from FOI laws. The U.S. Congress did not make itself or the courts subject to the statute. Most documents impacting minors, criminal investigations, trade secrets and personal privacy are off-limits. But you also may be denied documents that you have a right to see. If you are denied access, be sure to use the FOI appeals process. A brief letter to the agency head requesting a review of the decision will get the ball rolling. Meanwhile, make photocopies of everything you send out. Above all, be patient and persistent. You may be pleasantly surprised!

There’s More You Can Discover

There’s a common belief that FOI laws are used mainly in environmental cases. Not true. Here are examples of other uses of this powerful tool:

IN GRAND RAPIDS, MICH., a high school government class used Freedom of Information laws to expose flaws in the county’s jury-selection system.

IN FULTON, MO., a concerned citizen used state open-government laws—kissing cousins to FOI statutes—to force disclosure of town-council discussions about building a golf course at taxpayer expense.

IN WASHINGTON, D.C., a woman used FOI laws to find out about the ownership of some drug-infested, abandoned buildings. The owner? The District of Columbia government!

THE U.S. DEPARTMENT OF AGRICULTURE—as a result of an FOI request—revealed accounts of the mistreatment of circus elephants.