The state open-records law is under siege

Here is a passage from a Washington law beloved by journalists and other public watchdogs:

“The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.”

That’s part of the state’s Public Records Act, the legal tool that makes it possible for reporters and regular citizens alike to poke our noses into places we often aren’t welcome. The act’s clear language leaves no room for government confusion.

We hold among our rights as Washingtonians the authority to read government emails, to scan the check registers at a city hall and to pore over the legal bills run up by school districts.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

Since 1972, providing meaningful access to public records has been as essential a function of government as patching potholes or collecting taxes.

That could change.

The Legislature, spurred by tales of people using records requests to harass government officials, is considering changing state law to let bureaucrats and their lawyers step up resistance to releasing paperwork. SB 6351 would allow government officials to withhold records if they can convince a judge that kicking the materials loose would pose a “significant burden.” A Senate panel on Thursday moved the measure closer to becoming law.

Under existing state law, all of the public’s records are assumed subject to review except for some narrow exemptions, such as documents from active police investigations, maps of archaeological sites or your public library records.

Gold Bar’s mayor, Whatcom County’s prosecutor and others testified at a Jan. 31 hearing that some are twisting the records law simply to vex people in government, not gather information.

But Shankar Narayan, legislative director for the American Civil Liberties Union of Washington, said the proposed change is like using a sledgehammer to kill a mosquito. It’s poor policy, he said, to haul people into court and force them to prove that the public good is greater than the burden on government.

“Sometimes that is, in fact, the only way to be able to police agencies and serve the purpose of open government,” Narayan testified.

Our readers and the community have benefited greatly from “burdensome” records requests. They’ve helped expose leaky ferries, malfunctioning highway barriers and an off-the-rails red-light camera program, to name just a few. To be sure, good people in government helped us access those records. As often, though, we’ve encountered officials who, as documented in the attached email string with Snohomish County Executive Aaron Reardon’s spokesman, obstructed lawful access to records, then whined about our refusal to go away.

Lawmakers not long ago decided that governments can seek a judge’s help in swiftly resolving public-records disputes when the person seeking the records is behind bars. The rationale is that inmates surrender certain rights, said Rowland Thompson of Allied Daily Newspapers.

Now, legislators are considering similar treatment for us all, he said.

“In this instance we are talking about people who have done nothing wrong other than to ask for a public records request,” Thompson said.

UPDATE: The version of this bill that moved forward Thursday was tweaked to revise language that would give government agencies a new avenue for resisting public records requests by arguing they represent a “significant burden.” You can read the bill report for details. One public records expert we spoke with Friday said it is unclear whether the change eliminates the reason for worry. This one bears watching.

Public hearing on the Senate bill:

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Vehicles travel along Mukilteo Speedway on Sunday, April 21, 2024, in Mukilteo, Washington. (Ryan Berry / The Herald)
Mukilteo cameras go live to curb speeding on Speedway

Starting Friday, an automated traffic camera system will cover four blocks of Mukilteo Speedway. A 30-day warning period is in place.

Carli Brockman lets her daughter Carli, 2, help push her ballot into the ballot drop box on the Snohomish County Campus on Tuesday, Nov. 5, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Here’s who filed for the primary election in Snohomish County

Positions with three or more candidates will go to voters Aug. 5 to determine final contenders for the Nov. 4 general election.

Students from Explorer Middle School gather Wednesday around a makeshift memorial for Emiliano “Emi” Munoz, who died Monday, May 5, after an electric bicycle accident in south Everett. (Aspen Anderson / The Herald)
Community and classmates mourn death of 13-year-old in bicycle accident

Emiliano “Emi” Munoz died from his injuries three days after colliding with a braided cable.

Danny Burgess, left, and Sandy Weakland, right, carefully pull out benthic organisms from sediment samples on Thursday, May 1, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘Got Mud?’ Researchers monitor the health of the Puget Sound

For the next few weeks, the state’s marine monitoring team will collect sediment and organism samples across Puget Sound

Everett postal workers gather for a portrait to advertise the Stamp Out Hunger Food Drive on Wednesday, May 7, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County letter carriers prepare for food drive this Saturday

The largest single-day food drive in the country comes at an uncertain time for federal food bank funding.

Everett
Everett considers ordinance to require more apprentice labor

It would require apprentices to work 15% of the total labor hours for construction or renovation on most city projects over $1 million.

A person walks past Laura Haddad’s “Cloud” sculpture before boarding a Link car on Monday, Oct. 14, 2024 in SeaTac, Washington. (Olivia Vanni / The Herald)
Sound Transit seeks input on Everett bike, pedestrian improvements

The transit agency is looking for feedback about infrastructure improvements around new light rail stations.

A standard jet fuel, left, burns with extensive smoke output while a 50 percent SAF drop-in jet fuel, right, puts off less smoke during a demonstration of the difference in fuel emissions on Tuesday, March 28, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Sustainable aviation fuel center gets funding boost

A planned research and development center focused on sustainable aviation… Continue reading

Dani Mundell, the athletic director at Everett Public Schools, at Everett Memorial Stadium on Wednesday, May 14, 2025 in Everett, Washington. (Will Geschke / The Herald)
Everett Public Schools to launch girls flag football as varsity sport

The first season will take place in the 2025-26 school year during the winter.

Clothing Optional performs at the Fisherman's Village Music Festival on Thursday, May 15 in Everett, Washington. (Will Geschke / The Herald)
Everett gets its fill of music at Fisherman’s Village

The annual downtown music festival began Thursday and will continue until the early hours of Sunday.

Seen here are the blue pens Gov. Bob Ferguson uses to sign bills. Companies and other interest groups are hoping he’ll opt for red veto ink on a range of tax bills. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
Tesla, Netflix, Philip Morris among those pushing WA governor for tax vetoes

Gov. Bob Ferguson is getting lots of requests to reject new taxes ahead of a Tuesday deadline for him to act on bills.

Jerry Cornfield / Washington State Standard
A new law in Washington will assure students are offered special education services until they are 22. State Sen. Adrian Cortes, D-Battle Ground, a special education teacher, was the sponsor. He spoke of the need for increased funding and support for public schools at a February rally of educators, parents and students at the Washington state Capitol.
Washington will offer special education to students longer under new law

A new law triggered by a lawsuit will ensure public school students… Continue reading

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.