In Florida: Want public records? So sue me seems to be state's attitude, First Amendment experts say

[flamingdem]

https://www.naplesnews.com/story/news/local/state/2021/04/15/florida-public-records-law-another-victim-covid-pandemic-experts-say/7207662002/?utm_source=naplesnews-Daily%20Briefing&utm_medium=email&utm_campaign=daily_briefing&utm_term=list_article_thumb

Since the start of the COVID-19 pandemic, Florida Gov. Ron DeSantis and his administration — from state health and emergency management officials on down — have resisted sharing all they know with the public.

Instead, he and his team have chosen public relations over public records, deciding what information they want to release, First Amendment experts say.

They've carefully choreographed and strategically staged news conferences and photo ops spotlighting various achievements in the battle against the virus.

Meantime, they’ve slow-walked or refused requests for vital information that Florida residents want to know about contact tracing, infection rates at schools and nursing homes, weekly White House advisories, agreements with pharmacies and grocery chains, and variant data.

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The DeSantis administration's tactics have already resulted in several lawsuits filed by news organizations, which felt forced to take legal action to make the state comply with its own government transparency laws and provide records in a “timely manner.”

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Now, several media groups that sued last year for documents to gauge the state’s efforts combating the coronavirus and thought they had reached an understanding with the Department of Health are frustrated over the lack of response to the latest round of requests for vaccine information.

“We have seen significant delays and huge fees that in practice result in a denial of public records,” said Pam Marsh, a former top federal prosecutor and president of the nonprofit, nonpartisan First Amendment Foundation of Florida.

One recent public records request for emails about "pop-up" clinics by the Fort Myers News-Press, a member of the USA TODAY Network – Florida, initially came back with a $13,000 price tag. “But perhaps more worrisome, we’re often hearing that some agencies will stonewall, fail to respond, and provide nothing, for months," Marsh said. “It’s basically a ‘so sue me’ kind of attitude, daring the requestor to enforce the law.”

The unprecedented pandemic has led to an overwhelming number of requests not just from the media, but from the public in general, at a time when key government communications positions — including at the Governor's Office and the Department of Health — have gone vacant. (more at link)

[ornotna]

1. SOP for this SOB

Another day in the life of a republican't governor.

[Midnight Writer]

2. It's the Trump Method. Do what you want, challenge them to sue you.

Then stretch out the proceedings with frivolous motions until people lose interest or the question becomes moot.

[Takket]

3. this is so wrong... we went through this shit with everything drumpf did

when a person makes a legitimate and legal request for public documents, "no, sue me" should not be how the process works.

The onus should be on the person receiving the request to create a lawsuit and provide a compelling reason for NOT complying with a lawful request, and that person should be arrested if they refuse to comply.

Example: When Congress asked for drumpf's taxes, Mnuchin said "no, sue us" and the process had to be dragged out through the courts in a process that can and does take well in excess of a year.

Now, if Mnuchin wants to sue because he has some reason for not complying, he can make that case in court. and if he simply says no he has violated the law and he should be prosecuted for it.

[gratuitous]

4. A statewide office can't be gerrymandered

This sort of governance is what the majority of voting Floridians want. Change my mind.

[crickets]

5. Rebekah Jones was fired when she refused to falsify COVID records.

That gives everyone a good indication as to why FL doesn't want to release whatever records they have on hand now. The likelihood of receiving complete and accurate information is close to nil, because it's highly unlikely that complete and accurate records are being kept.