Not everyone can hire a lawyer to sue for public records, and millions of dollars are spent by government defending litigation. Are there better systems to enforce public record laws outside of suing? The answer is yes!

The Connecticut Freedom of Information Commission is the first independent enforcement commission to adjudicate disputes – with the power to force agencies to provide the records. Dozens of nations have modeled their information commissions after Connecticut. Yet, we do not have such a system under federal FOIA in the United States. See, for example, a great description by Margaret Kwoka for how it worked in Mexico, until they pulled the plug on it this year. She also makes a strong case for information commissions, as did the National Archives and Records Administration FOIA Advisory Committee in 2022.

Other models include the Ohio Court of Claims, where judges can mediate and then adjudicate complaints for just $25. As well, the Pennsylvania Office of Open Records provides a system for requesters to appeal denials – usually getting decisions within 30 days. See a great study about these programs by Kent State University scholar Mitch McKenney.

Is it possible to get alternative enforcement integrated into every state public law, as well as federal FOIA? What should they include, or not include?

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