Open records debacle is extreme
By Tyler Lamb
Editor
Fear. It seem in the past 10 years, or so, a growing sense of fear has prompted numerous local, state and federal entities to make bold thrusts at civil liberties and open records alike.
Now fear over the potential of a multimillion-dollar lawsuit has prompted many state police departments to strictly follow provisions in the federal Driver’s Privacy Protection Act. The City of Elkhorn’s police department stands among them.
In doing so, violating Wisconsin’s open records law.
Avid readers of our weekly police reports have probably noticed something missing in recent weeks.
The city’s police department has stopped providing the names of people their officers are arresting, ticketing, contacting and, in some cases, will not even release details on where a crime occurred due to pending litigation in Illinois.
A legal battle in the Land of Lincoln regarding a $20 parking ticket could potentially cost the city of Palatine, Ill. millions of dollars.
A man by the name of Jason Senne received a ticket for illegal parking. He was upset due to due the Palatine ticket was printed with his Social Security number, driver’s license number, age, height, weight and address. Senne claimed the ticket violated his right to privacy under the Drivers Privacy Protection Act.
A federal court later said Palatine owed $80 million in damages to Senne. In turn, the village appealed to the U.S. Supreme Court saying the court ruling would bankrupt the village.
The Supreme Court declined to hear the case last month.
Fear of that case is having direct implication in the Badger State. Ultimately, we could see a closing off of Wisconsin’s open records law – laws considered among the strongest in the country.
Changes to area police departments have come swiftly. Roughly 50 police agencies have begun redacting personal information from reports before they were made public, according to reports from the Wisconsin Newspaper Association.
Those are only the locations WNA is aware of.
Now, in order to receive information, people need to either bring in a signed release allowing the department to release the other party’s information, or let the insurance company handle it.
These policy changes make it more difficult for media organizations to provide the public with details on criminal activity taking place in their neighborhoods.
It also makes it more difficult on someone involved in a traffic accident to go the local police department and receive a definitive copy of the accident report.
The majority of area municipal officials are well versed on the state’s open records law, and that it requires departments to release their reports – including the names and other redacted information – to the public.
However, the state’s open records law carries no financial penalty. Departments founds in violation of the law are required to release the record and pay the attorney’s fee.
The fear of a possible lawsuit that could cost cash-strapped communities across the state is why a growing number of police departments have stopped releasing public information.
Fear over penalties intensified in November 2012 after an attorney from the Wisconsin League of Municipalities published a memo sounding the alarm over the Palatine lawsuit.
I hope in time a new interpretation of the Drivers Privacy Protection law. I hope even more our local police department refocuses on this subject, and doesn’t allow insurance company lawyers to override the Constitution by limiting the public’s right to know what our law enforcement officers are up to.
It’s a disservice to the city to wait around for the U.S. Supreme Court to take up the case. Police are public servants that are run by elected officials.
We at the Independent urge the Elkhorn Police Department to set policies that maintain transparency, even as the case works its way through the court system.
After all, the practice has not been taken up in Illinois.
It is not too late. Put down the black markers. They are simply not necessary. The public deserves better.
“A nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people” – John F. Kennedy
Tyler Lamb is the editor of the Elkhorn Independent. Contact him at (262) 723-2250, or by email at tlamb@southerlakesnewspapers.com.
