State freedom of information laws are, for the most part, failing to offer any meaningful recourse when citizens are denied access, according to a report by the Better Government Association and the National Freedom of Information Coalition (NFOIC). Thirty-eight states received a grade of "F" in the survey, which looked at five factors: response time, appeals, expedited review, attorney's fees and costs, and sanctions. I can't say I was shocked by what we found," writes Charles Davis, executive director of the NFOIC. "but I am saddened that despite more attention being paid to FOI issues than ever before, most citizens remain in the dark."
After talks to reconcile House and Senate versions of FOIA reform bills went nowhere, Senate Judiciary Committee Chairman Patrick Leahy, (D-Vt.), and Sen. John Cornyn (R-Texas) yesterday presented a new version of their bill that would bring its financial issues in line with the House version, the AP reports. Talks between the House and Senate stalled over House rules preventing lawmakers from piling on debt to finance tax cuts or new spending programs. "We have a strong chance of Senate action on the bill this week, and I hope the House also will swiftly pass this legislation so the president can sign this important act before year's end," Leahy said in a statement.
The Chicago City Council's License Committee unanimously passed a new version of the litter and door-to-door distribution law that no longer includes the language banning the distribution of free papers in open stacks, Editor & Publisher reports. The new law now heads to the full Council for a vote.
After being ordered by a Superior Court judge to turn over more than 300 photos of a March 14 crime scene, an attorney for the Independent says the paper plans to appeal the ruling. Meanwhile, photographer Paul Wellman is scheduled to appear in court next week for contempt proceedings, according to the Independent. "We think the protections provided by California reporters' privilege laws do not allow the state to turn newspapers into prosecuting agencies on their behalf, and so we are fighting this ruling," publisher Randy Campbell says. In other legal news, a judge on Monday allowed the copyright case brought against the Independent by the daily Santa Barbara News-Press to go to trial. However, the Indy says the ruling was mixed: Though the claim of copyright infringement survived and will see trial in January, the judge "entirely dismissed the News-Press' three claims of unfair business competition, intentional interference with business advantage, and negligent interference with business advantage." The final claim -- that the weekly stole trade secrets from the daily -- will be litigated at a later date.
In July 2006, a reporter for the Santa Barbara News-Press wrote an article describing what occurred in the paper's newsroom the day a handful of top editors resigned. The story never made the paper; instead, the Independent got a hold of a draft and posted it on its website. The parent company of the News-Press then sued the Independent in federal court for copyright infringement. A federal judge yesterday indicated he was inclined to rule that the Independent did indeed infringe the News-Press' copyright on the article, the Santa Barbara Daily Sound reports. However, he expressed concern that the case was even brought to court, according to blogger Craig Smith, saying that while it did appear there had been a "technical" violation of copyright laws, he was at a loss to see what the damages or harm could possibly be. The judge also said that the doctrine of "fair use" would not provide a sufficient defense for the Independent. He said he will issue a final ruling after more thought on the case.
New Westminster, which sits about 12 miles from Vancouver in British Columbia, has approved the ban as part of a series of measures to address "livability and enforcement issues" in the city, the Georgia Straight reports. The ordinance, set to take effect Jan. 1, would affect more than 20 of the Straight's boxes. It's "very likely" that the city has violated the Canadian Charter of Rights and Freedoms, says Vancouver media lawyer David F. Sutherland: "There is a constitutional right, not only in the newspaper to distribute by traditional means in public space, but also on the part of readers to receive it in that way." Still, the news box ban isn't quite as draconian as an earlier restriction New Westminster had on the alt-weekly: In 1968, the city banned the Straight across the entire municipality.
The alt-weekly was being sued by Suterra for referencing one of its product's "inert" ingredients in print, but on Friday afternoon lawyers from the company notified the paper that the suit was being dismissed "without prejudice," the Santa Cruz Sentinel reports. Then over the weekend, California Gov. Arnold Schwarzenegger ordered the ingredients be made public, and also ordered that the state immediately resume spraying the product, known as Checkmate LBAM-F. It is being used to eradicate the light brown apple moth.
Monterey County Weekly is being sued by the chemical company Suterra for referencing one of its product's "inert" ingredients, which the company claims are protected as trade secrets under federal law. The Weekly reported on health and environmental concerns related to two of the ingredients (first disclosed by the Santa Cruz Sentinel) in a story last week. On Tuesday, a Los Angeles County Superior Court judge rejected the pesticide company's request for a temporary restraining order on the paper. The Weekly has counter-sued the company, asserting its First Amendment right to disseminate information in the public interest.
As we reported last Thursday, the Senate Judiciary Committee has strongly passed a federal shield law known as the Free Flow of Information Act. Congressional leaders in the House of Representatives want to build on this momentum and bring the House version of the bill to the House floor for a vote on Tuesday, Oct. 16. The bill needs 218 votes to successfully pass on Tuesday. AAN is a member of the Shield Law Coalition, and urges its members to call their Representatives before Tuesday's vote -- please ask them to vote yes on H.R. 2102 and vote no on any amendments that would weaken its protections.
The ordinance, passed last winter to bar the door-to-door distribution of menus, brochures and the like, also bans many circulation practices for free newspapers, Editor & Publisher reports. The law reads: "It shall be unlawful for any person to distribute or to cause others to distribute ... newspapers, periodicals and directories of any kind on any public way or other public place or on the premises of any private property in the city in such a manner that is reasonably foreseeable that such distribution will cause litter," including "leaving stacks of paper on the ground without any means of securing them," a distribution tactic used often by free dailies and weeklies. There doesn't appear to have been any enforcement of the law against newspapers thus far, E&P notes.
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