TPM’s case to require the District of Columbia to comply with its legal obligation to post budget materials online moves forward

Terris, Pravlik & Millian, LLP (TPM) brought a FOIA case against the District of Columbia asking the Superior Court to order the District to turn over budget materials that are required by DC law to be posted on a District website.  TPM sought the materials to help it to monitor the District’s compliance with the injunction in DL v. District of Columbia, which addresses the delivery of special education and related services to preschool-aged children.  More information about the DL case is here. 

The Mayor moved to dismiss the case.  The DC Council filed an amicus curiae brief supporting TPM.  On February 12, 2021, the Court denied the District’s motion to dismiss.  The case is Terris, Pravlik & Millian, LLP v. District of Columbia, No. 2020 CA 003087 B, in DC Superior Court.  The complaint is here and the Court’s order is here.

Hiatus to FOIA Responses Repealed

On September 17, 2020, we posted about the fact that we joined other advocates to urge DC to rescind the hiatus in FOIA responses during the COVID-19 public health emergency.  We are happy to report that the Council thereafter repealed that hiatus and the FOIA system is set to return to normal as of January 15, 2021, except where additional time is needed if there is a significant COVID-related risk posed by review of hard copy files.

TPM Joins Other Advocates to Urge DC to Rescind the Hiatus in FOIA Responses During the COVID-19 Public Health Emergency

The DC Freedom of Information Act (FOIA) was put on hold this spring due to the COVID-19 public health emergency.  At that time, DC passed emergency legislation that permitted its agencies to stop responding to FOIA requests until the public health emergency is over, even if the agency could safely process the requests.  This complete halt in public access to government information is harmful to our democracy and is entirely unnecessary since most public information could be produced without any risk of infection.

Terris, Pravlik & Millian, LLP has joined several advocacy organizations to urge the D.C. Council to restore the government’s FOIA obligations.  The request recognizes that there could be some circumstances in which production of information could be made difficult or dangerous due to COVID-19, and explains that, in those circumstances, agencies could extend the deadlines upon written notice of the specific health or safety justification.

Click here to read and support the letter.