Court rules in favor of open government
I received this welcome e-mail today from the N.C. Press Association:
"A panel of North Carolina Court of Appeals judges has reinforced an earlier opinion that a governmental body does not have the right to sue a citizen when that citizen petitions a court to determine if the public body has violated the state's Open Meetings or Records law.
"The Court of Appeals unanimously reversed a 2002 decision in which a Superior Court judge held that the City of Burlington could seek a declaratory judgment against The Alamance News after publisher Tom Boney sued the City over a violation of the N.C. Open Meetings Law.
"The Court of Appeals ruled that both the Open Meetings and Public Records Laws were enacted for the benefit of the public, and that to permit governmental agencies to sue private and corporate citizens in an attempt to vindicate their positions would have a chilling effect on the public's exercise of the rights accorded them by the statutes.
"In a similar case last summer, the Court of Appeals ruled against Raleigh City Attorney Thomas McCormick in his effort to seek a declaratory judgment against Hanson Aggregates Southeast, when the company asked the city for public records related to a piece of property.
"The North Carolina Press Association, two years ago, introduced a bill in the General Assembly that would do away with public officials' right to sue private citizens when the citizens seek access to public meetings and public records."
The complete opinion in the Alamance News case is here.
Obviously, for those of us who appreciate open government and public access to the public's business, this is good news.
