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

Jennifer Humelo, right, hugs Art Cass outside of Full Life Care Snohomish County on Wednesday, May 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘I’ll lose everything’: Snohomish County’s only adult day health center to close

Full Life Care in Everett, which supports adults with disabilities, will shut its doors July 19 due to state funding challenges.

(City of Everett)
Everett’s possible new stadium has a possible price tag

City staff said a stadium could be built for $82 million, lower than previous estimates. Bonds and private investment would pay for most of it.

The Edmonds City Council gathers to discuss annexing into South County Fire on Tuesday, Dec. 3, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Community group presents vision for Edmonds’ fiscal future

Members from Keep Edmonds Vibrant suggested the council focus on revenue generation and a levy lid lift to address its budget crisis.

The age of bridge 503 that spans Swamp Creek can be seen in its timber supports and metal pipes on Wednesday, May 15, 2024, in Lynnwood, Washington. The bridge is set to be replaced by the county in 2025. (Ryan Berry / The Herald)
Snohomish County report: 10 bridges set for repairs, replacement

An annual report the county released May 22 details the condition of local bridges and future maintenance they may require.

People listen as the Marysville School Board votes to close an elementary and a middle school in the 2025-26 school year while reconfiguring the district’s elementary schools to a K-6 model on Wednesday, Jan. 22, 2025 in Marysville, Washington. (Olivia Vanni / The Herald)
Marysville schools audit shows some improvement

Even though the district still faces serious financial problems, the findings are a positive change over last year, auditors said.

Outside of the Madrona School on Monday, Aug. 26, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Sewer district notifies Edmonds schools of intent to sue

The letter of intent alleges the school district has failed to address long-standing “water pollution issues” at Madrona K-8 School.

Cars drive along Cathcart Way next to the site of the proposed Eastview Village development that borders Little Cedars Elementary on Wednesday, May 7, 2025 in unincorporated Snohomish, Washington. (Olivia Vanni / The Herald)
Former engineer: Snohomish County rushed plans for Eastview development

David Irwin cited red flags from the developers. After he resigned, the county approved the development that’s now stalled with an appeal

The Everett City Council listens as Casino Road residents share their concerns about possible displacement and rent increases on Wednesday, April 16, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett council set to vote on final comp plan

The council is expected to vote on whether to approve a massive update to its land use and development standards on June 18.

Logo for news use featuring the municipality of Mukilteo in Snohomish County, Washington. 220118
Mukilteo police locate dead body near Olympic View Middle School

At around 7 a.m. Thursday, officers responded to reports of an individual with possible injuries.

SMART concludes investigation into police use of force used in pursuit

Results of the investigation into the death of Payton Michaels were forwarded to the Snohomish County Prosecutor’s Office for review.

Providence Regional Medical Center Everett. (Olivia Vanni/The Herald)
Providence Everett plans 25% cut to nursing assistant staffing

The reduction, effective July 11, will affect all 39 per diem nursing assistants and 80 full-time and part-time assistants.

The Musical Mountaineers perform at Everett’s McCollum Park on June 14, 2025. (Photo courtesy of Adopt A Stream Foundation)
Photo courtesy of Adopt A Stream Foundation
The Musical Mountaineers perform at Everett’s McCollum Park on June 14.
Coming events in Snohomish County

Send calendar submissions for print and online to features@heraldnet.com. To ensure your… 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.