FOIA Friday: Sunshine Week spotlights Michigan’s darkness

On this Sunshine Week, a period devoted to the advocacy of government transparency, Michigan serves as a troublesome indicator of the state’s ongoing struggles with the Freedom of Information Act (FOIA). Sunshine Week, which began Sunday, is an annual event that highlights the importance of open government and the public’s right to know.

Despite the state’s constitutional guarantee for public access to records, Michigan’s FOIA remains in a state of darkness. The state is one of a few in the nation that does not provide for timely and adequate responses to requests for information and documents. Michigan’s FOIA system is characterized by a lack of meaningful enforcement, long delays, and an opaque system of fees that can be used to deny access to information.

The problems with Michigan’s FOIA are complex and multifaceted. The state’s antiquated system of record-keeping and its lack of resources to process requests are two primary issues. The state’s lack of a centralized FOIA office means that requests are sometimes handled by understaffed and under-resourced local offices.

Additionally, Michigan has a history of placing restrictions on the types of documents that can be requested, as well as charging exorbitant fees to access documents. These fees can be used as a tool to deny access to information, as they can be prohibitively expensive for those without deep pockets.

To address these issues, advocates have called for a number of reforms, including the creation of a centralized FOIA office, the implementation of an appeals system for those denied access to information, and the development of a fee structure that does not serve as an obstacle to access.

The need for these reforms is clear. Sunshine Week serves as an important reminder of the importance of open government, and Michigan’s struggles with FOIA are a sobering reminder that the state still has a long way to go.

This Sunshine Week, Michigan stands as a stark example of the ongoing issues with FOIA. Despite its constitutional guarantee of public access to records, the state continues to grapple with a system that is characterized by a lack of meaningful enforcement, long delays, and an opaque system of fees that can be used to impede access to information. Advocates have called for reforms that would centralize the state’s FOIA process and make it more accessible, but these efforts have yet to bear fruit. As such, Sunshine Week serves as an important reminder of the need to improve Michigan’s FOIA system and ensure that public access to records is guaranteed.