WashCOG sues the state for public records violations

April 24, 2023 — The Washington Coalition for Open Government today sued the state of Washington because Washington’s legislators claim that they have a legislative privilege to conduct the people’s business in private and withhold public records from public scrutiny.  WCOG has filed a petition for declaratory relief for the Court to decide that there is no such legislative privilege and that hiding public records that are not properly exempt violates the state Public Records Act (PRA).

The lawsuit argues that the state and various legislators have violated the PRA by withholding and redacting records by claiming a “legislative privilege” that doesn’t exist under law or in the state Constitution.

WashCOG is joined in bringing the suit by Jamie Nixon, an individual public records requestor.

In recent months WashCOG and Nixon have filed requests for unredacted records that have been previously withheld under the claim of legislative privilege. The suit says, “For these requests, respondent either referenced legislative privilege as an exemption from the Public Records Act or redacted and withheld records claiming the public records were privileged, citing legislative privilege, as if the requested records were exempt from public disclosure.”

Because the respondents erroneously claimed the public records were exempt as privileged, the respondents did not promptly respond and they failed to adequately search for and retrieve responsive public records, the lawsuit says.

The lawsuit, which was filed in the Thurston County Superior Court, asks for a jury trial on any disputed issues of fact. It also asks for court orders declaring that “legislative privilege” is not an exemption under Washington’s Constitution or Washington’s Public Records Act.