---

---

Published: January 27, 2010
Amy Condra

Del.  R. Lee Ware Jr. (R-Powhatan) is sponsoring a bill that would allow any public body to seek “injunctive relief” against citizens who are causing “harassment” of the government by submitting too many requests under the Freedom of Information Act.

House Bill 449 does not, however, describe what that “harassment” might entail—does this mean two information requests, or 20? Who decides if the number of requests constitutes harassment? And who decides, and why, whether to seek “injunctive relief,” or a prohibition against further requests?

This doesn’t just seem like a slippery slope; it seems like a road covered with black ice under a moonless night.

At a time when most governments are promising more openness, passing legislation that amends the Code of Virginia in ways that will restrict a citizen’s right to ask questions seems like a monumental step backward.

And you have to wonder… who will vote for this? And why?  And if does pass, will you be able to ask that question anymore, without the threat of legal restraint?

Of course there are people who may abuse the privilege of requesting information.  Probably every county has one or two citizens who have been known to present frivolous requests, and who are the bane of the office or official they are pursuing. 

But is arbitrarily closing the curtain the answer?

Ware is also sponsoring House Bill 79, which prohibits a clerk of court from providing public access,  without written consent of the applicant or permit holder, to concealed handgun permit applications.

But some people believe that because concealed gun permits are public documents, they should be public.

And such openness allows people, and the press, to make sure that our government is not issuing permits to those, such as convicted felons, who should not have them. 

By keeping public information public, we allow a natural rhythm of checks and balances, a cadence that sets a pace of accountability. The transparency that Ware seeks to obscure, is the only way to see if resources are being used responsibly. 

So… do we really want our government to be able to seek “injunctive relief” against us, for asking too many questions?

---