Freedom Of Information Is For Me, But Not For Thee.

Petitioner, a citizen of Rhode Island, makes his living by obtaining property records on behalf of his clients. He sought to obtain real estate tax records in Henrico County, Virginia, for a client, and his request was denied because he was not a Virginia citizen. He and another petitioner, with a similar experience, filed suit under 42 USC § 1983 seeking declaratory and injunctive relief for violations of the Privileges and Immunities Clause and the dormant Commerce Clause. The trial court granted Virginia’s motion for summary judgment, and the appellate court affirmed. The United States Supreme Court noted that like Virginia, several other states have enacted freedom of information laws that are available only to their citizens. Virginia’s Freedom of Information Act [Code Ann. § 2.2-3700] provides that “all public records shall be open to inspection and copying by any citizens of the Commonwealth.” Writing for the high court, Justice Alito’s opinion holds petitioners’ constitutional rights were not violated as no constitutionally protected privilege or immunity was abridged. The opinions also states: “The state Freedom of Information Act does not regulate commerce in any meaningful sense, but instead provides a service that is related to state citizenship.” McBurney v. Young (U.S. Sup. Ct.; April 29, 2013) 133 S.Ct. 1709, [185 L.Ed.2d 758].