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Citizen Advocacy Center

LTE Government treats FOIA as a suggestion, not law  Published 7/31/12

8/1/2012

 
Government treats FOIA as a suggestion, not law
7/31/2012 9:17 PM - Letters to the Editor - The Madison St. Claire Record

To the Editor:

On September 26, 27, and 30, 2011, I filed three requests for public documents to the Village of Caseyville through the Illinois Freedom of Information Act. I was simply wanting to see a contract to a public works project that was funded through a county grant. Little did I realize what I would have to personally endure for exercising my rights as a citizen. But as I often hear from veterans, "Freedom is not free."

The documents I requested were pretty mundane in nature, but asking a few harmless questions touched off a firestorm in the Village of Caseyville. The first surprise I received was having an obviously angry village trustee follow me out onto the parking lot and without my consent, start photographing me as I left. I was then unfairly labeled a recurrent requester, a designation I came nowhere close to deserving. Then came the assertion that my requests were unduly burdensome.

While it would have been easy to give up. I have to admit that the village trustees' attempt to intimidate me after filing my second document request, did stiffen my resolve. Instead of giving up, I made the decision to take my cause to my fellow citizens and began speaking to taxpayer watchdog organizations.

In February 2012 I received a favorable determination from the Illinois Attorney General. I thought the battle was over. It was not.

The village attorney had known something all along that I did not. The only way I would be able to force compliance was to sue the village in circuit court. So in essence, the only way a citizen has real access to public documents is if they have the money to sue. In my case, I was fortunate to have a lot of public support from other like minded citizens. Citizens who volunteered to pay my legal fees to pursue a municipality in what we all considered willful and intentional violations of the law.

To that end, I have come to the conclusion that the Freedom of Information laws are great "window dressing" for politicians, but the reality is that these laws are mere suggestions to public officials unless a citizen is of significant means and is able to pay to have the law enforced.

So comes the question: Does the average citizen really have access to public documents? My answer is no. My now, very educated opinion is that until criminal provisions are put into place, government entities will continue to treat The Freedom of Information Act like a "suggestion" instead of a right to every citizen.

Brad VanHoose
Belleville

Bradley VanHoose link
8/4/2012 11:57:07 am

I greatly appreciate all the support and your organizations dedication to a more open and transparent government.

Thank You,
Brad VanHoose,
Belleville, Illinois
618-520-6737

John link
10/31/2012 08:39:27 am

I fully understand your frustration, as we go through this on almost a weekly basis. We have not given up, as a matter of fact, it has strengthened our resolve. We even had a public body hire another attorney just to "deal with" our FOIA requests. His first action was to try and charge us $76.00 for one piece of paper. The original requester filed a request for review with the AG - waiting on their opinion. I filed suit because they tried charging me the same when I FOIA'd a copy of his FOIA - and am waiting for a court date here in Edgar County. I know we will win, but no citizen should have to go through this to obtain public information.

Bradley VanHoose link
10/31/2012 09:20:38 am

John:

I would recommend that or any other citizen you know who has been illegally denied access to publicly available documents to contact Jessica Floum at The Medill Watchdog Program. There currently doing a feature story in the Chicago Tribune in regards to the intentional and deliberate violations by municipalities regards FOIA statutes. You or anyone who reads this can contact and I can forward your contact information to Jessica. Im unsure if she would want me to post her phone number here. I have drawn strength from William Lloyd Garrison in this struggle. This quote from The Liberator Inaugaral Edition 1831.......In the cause of ABOLITION. I hope you enjoyI am aware that many object to the severity of my language; but is there not cause for severity? I will be as harsh as truth, and as uncompromising as justice. On this subject, I do not wish to think, or to speak, or write, with moderation. No! no! Tell a man whose house is on fire to give a moderate alarm; tell him to moderately rescue his wife from the hands of the ravisher; tell the mother to gradually extricate her babe from the fire into which it has fallen; -- but urge me not to use moderation in a cause like the present. I am in earnest -- I will not equivocate -- I will not excuse -- I will not retreat a single inch -- AND I WILL BE HEARD. The apathy of the people is enough to make every statue leap from its pedestal, and to hasten the resurrection of the dead.

It is pretended, that I am retarding the cause of emancipation by the coarseness of my invective and the precipitancy of my measures. The charge is not true. On this question of my influence, -- humble as it is,-- is felt at this moment to a considerable extent, and shall be felt in coming years -- not perniciously, but beneficially -- not as a curse, but as a blessing; and posterity will bear testimony that I was right. I desire to thank God, that he enables me to disregard "the fear of man which bringeth a snare," and to speak his truth in its simplicity and power.

Good Luck In Your Quest
Be Well,

Bradley VanHoose
Belleville Illinois
bvh231@gmail.com

Bradley VanHoose link
10/31/2012 09:21:02 am

John:

I would recommend that or any other citizen you know who has been illegally denied access to publicly available documents to contact Jessica Floum at The Medill Watchdog Program. There currently doing a feature story in the Chicago Tribune in regards to the intentional and deliberate violations by municipalities regards FOIA statutes. You or anyone who reads this can contact and I can forward your contact information to Jessica. Im unsure if she would want me to post her phone number here. I have drawn strength from William Lloyd Garrison in this struggle. This quote from The Liberator Inaugaral Edition 1831.......In the cause of ABOLITION. I hope you enjoyI am aware that many object to the severity of my language; but is there not cause for severity? I will be as harsh as truth, and as uncompromising as justice. On this subject, I do not wish to think, or to speak, or write, with moderation. No! no! Tell a man whose house is on fire to give a moderate alarm; tell him to moderately rescue his wife from the hands of the ravisher; tell the mother to gradually extricate her babe from the fire into which it has fallen; -- but urge me not to use moderation in a cause like the present. I am in earnest -- I will not equivocate -- I will not excuse -- I will not retreat a single inch -- AND I WILL BE HEARD. The apathy of the people is enough to make every statue leap from its pedestal, and to hasten the resurrection of the dead.

It is pretended, that I am retarding the cause of emancipation by the coarseness of my invective and the precipitancy of my measures. The charge is not true. On this question of my influence, -- humble as it is,-- is felt at this moment to a considerable extent, and shall be felt in coming years -- not perniciously, but beneficially -- not as a curse, but as a blessing; and posterity will bear testimony that I was right. I desire to thank God, that he enables me to disregard "the fear of man which bringeth a snare," and to speak his truth in its simplicity and power.

Good Luck In Your Quest
Be Well,

Bradley VanHoose
Belleville Illinois
bvh231@gmail.com

Bradley VanHoose link
10/31/2012 09:21:27 am

John:

I would recommend that or any other citizen you know who has been illegally denied access to publicly available documents to contact Jessica Floum at The Medill Watchdog Program. There currently doing a feature story in the Chicago Tribune in regards to the intentional and deliberate violations by municipalities regards FOIA statutes. You or anyone who reads this can contact and I can forward your contact information to Jessica. Im unsure if she would want me to post her phone number here. I have drawn strength from William Lloyd Garrison in this struggle. This quote from The Liberator Inaugaral Edition 1831.......In the cause of ABOLITION. I hope you enjoyI am aware that many object to the severity of my language; but is there not cause for severity? I will be as harsh as truth, and as uncompromising as justice. On this subject, I do not wish to think, or to speak, or write, with moderation. No! no! Tell a man whose house is on fire to give a moderate alarm; tell him to moderately rescue his wife from the hands of the ravisher; tell the mother to gradually extricate her babe from the fire into which it has fallen; -- but urge me not to use moderation in a cause like the present. I am in earnest -- I will not equivocate -- I will not excuse -- I will not retreat a single inch -- AND I WILL BE HEARD. The apathy of the people is enough to make every statue leap from its pedestal, and to hasten the resurrection of the dead.

It is pretended, that I am retarding the cause of emancipation by the coarseness of my invective and the precipitancy of my measures. The charge is not true. On this question of my influence, -- humble as it is,-- is felt at this moment to a considerable extent, and shall be felt in coming years -- not perniciously, but beneficially -- not as a curse, but as a blessing; and posterity will bear testimony that I was right. I desire to thank God, that he enables me to disregard "the fear of man which bringeth a snare," and to speak his truth in its simplicity and power.

Good Luck In Your Quest
Be Well,

Bradley VanHoose
Belleville Illinois
bvh231@gmail.com

Bradley VanHoose link
10/31/2012 09:21:49 am

John:

I would recommend that or any other citizen you know who has been illegally denied access to publicly available documents to contact Jessica Floum at The Medill Watchdog Program. There currently doing a feature story in the Chicago Tribune in regards to the intentional and deliberate violations by municipalities regards FOIA statutes. You or anyone who reads this can contact and I can forward your contact information to Jessica. Im unsure if she would want me to post her phone number here. I have drawn strength from William Lloyd Garrison in this struggle. This quote from The Liberator Inaugaral Edition 1831.......In the cause of ABOLITION. I hope you enjoyI am aware that many object to the severity of my language; but is there not cause for severity? I will be as harsh as truth, and as uncompromising as justice. On this subject, I do not wish to think, or to speak, or write, with moderation. No! no! Tell a man whose house is on fire to give a moderate alarm; tell him to moderately rescue his wife from the hands of the ravisher; tell the mother to gradually extricate her babe from the fire into which it has fallen; -- but urge me not to use moderation in a cause like the present. I am in earnest -- I will not equivocate -- I will not excuse -- I will not retreat a single inch -- AND I WILL BE HEARD. The apathy of the people is enough to make every statue leap from its pedestal, and to hasten the resurrection of the dead.

It is pretended, that I am retarding the cause of emancipation by the coarseness of my invective and the precipitancy of my measures. The charge is not true. On this question of my influence, -- humble as it is,-- is felt at this moment to a considerable extent, and shall be felt in coming years -- not perniciously, but beneficially -- not as a curse, but as a blessing; and posterity will bear testimony that I was right. I desire to thank God, that he enables me to disregard "the fear of man which bringeth a snare," and to speak his truth in its simplicity and power.

Good Luck In Your Quest
Be Well,

Bradley VanHoose
Belleville Illinois
bvh231@gmail.com

Bradley VanHoose link
10/31/2012 09:21:58 am

John:

I would recommend that or any other citizen you know who has been illegally denied access to publicly available documents to contact Jessica Floum at The Medill Watchdog Program. There currently doing a feature story in the Chicago Tribune in regards to the intentional and deliberate violations by municipalities regards FOIA statutes. You or anyone who reads this can contact and I can forward your contact information to Jessica. Im unsure if she would want me to post her phone number here. I have drawn strength from William Lloyd Garrison in this struggle. This quote from The Liberator Inaugaral Edition 1831.......In the cause of ABOLITION. I hope you enjoyI am aware that many object to the severity of my language; but is there not cause for severity? I will be as harsh as truth, and as uncompromising as justice. On this subject, I do not wish to think, or to speak, or write, with moderation. No! no! Tell a man whose house is on fire to give a moderate alarm; tell him to moderately rescue his wife from the hands of the ravisher; tell the mother to gradually extricate her babe from the fire into which it has fallen; -- but urge me not to use moderation in a cause like the present. I am in earnest -- I will not equivocate -- I will not excuse -- I will not retreat a single inch -- AND I WILL BE HEARD. The apathy of the people is enough to make every statue leap from its pedestal, and to hasten the resurrection of the dead.

It is pretended, that I am retarding the cause of emancipation by the coarseness of my invective and the precipitancy of my measures. The charge is not true. On this question of my influence, -- humble as it is,-- is felt at this moment to a considerable extent, and shall be felt in coming years -- not perniciously, but beneficially -- not as a curse, but as a blessing; and posterity will bear testimony that I was right. I desire to thank God, that he enables me to disregard "the fear of man which bringeth a snare," and to speak his truth in its simplicity and power.

Good Luck In Your Quest
Be Well,

Bradley VanHoose
Belleville Illinois
bvh231@gmail.com

Brad VanHoose link
10/31/2012 09:23:12 am

John:

I would recommend that or any other citizen you know who has been illegally denied access to publicly available documents to contact Jessica Floum at The Medill Watchdog Program. There currently doing a feature story in the Chicago Tribune in regards to the intentional and deliberate violations by municipalities regards FOIA statutes. You or anyone who reads this can contact and I can forward your contact information to Jessica. Im unsure if she would want me to post her phone number here. I have drawn strength from William Lloyd Garrison in this struggle. This quote from The Liberator Inaugaral Edition 1831.......In the cause of ABOLITION. I hope you enjoyI am aware that many object to the severity of my language; but is there not cause for severity? I will be as harsh as truth, and as uncompromising as justice. On this subject, I do not wish to think, or to speak, or write, with moderation. No! no! Tell a man whose house is on fire to give a moderate alarm; tell him to moderately rescue his wife from the hands of the ravisher; tell the mother to gradually extricate her babe from the fire into which it has fallen; -- but urge me not to use moderation in a cause like the present. I am in earnest -- I will not equivocate -- I will not excuse -- I will not retreat a single inch -- AND I WILL BE HEARD. The apathy of the people is enough to make every statue leap from its pedestal, and to hasten the resurrection of the dead.

It is pretended, that I am retarding the cause of emancipation by the coarseness of my invective and the precipitancy of my measures. The charge is not true. On this question of my influence, -- humble as it is,-- is felt at this moment to a considerable extent, and shall be felt in coming years -- not perniciously, but beneficially -- not as a curse, but as a blessing; and posterity will bear testimony that I was right. I desire to thank God, that he enables me to disregard "the fear of man which bringeth a snare," and to speak his truth in its simplicity and power.

Good Luck In Your Quest
Be Well,

Brad VanHoose link
10/31/2012 09:23:24 am

John:

I would recommend that or any other citizen you know who has been illegally denied access to publicly available documents to contact Jessica Floum at The Medill Watchdog Program. There currently doing a feature story in the Chicago Tribune in regards to the intentional and deliberate violations by municipalities regards FOIA statutes. You or anyone who reads this can contact and I can forward your contact information to Jessica. Im unsure if she would want me to post her phone number here. I have drawn strength from William Lloyd Garrison in this struggle. This quote from The Liberator Inaugaral Edition 1831.......In the cause of ABOLITION. I hope you enjoyI am aware that many object to the severity of my language; but is there not cause for severity? I will be as harsh as truth, and as uncompromising as justice. On this subject, I do not wish to think, or to speak, or write, with moderation. No! no! Tell a man whose house is on fire to give a moderate alarm; tell him to moderately rescue his wife from the hands of the ravisher; tell the mother to gradually extricate her babe from the fire into which it has fallen; -- but urge me not to use moderation in a cause like the present. I am in earnest -- I will not equivocate -- I will not excuse -- I will not retreat a single inch -- AND I WILL BE HEARD. The apathy of the people is enough to make every statue leap from its pedestal, and to hasten the resurrection of the dead.

It is pretended, that I am retarding the cause of emancipation by the coarseness of my invective and the precipitancy of my measures. The charge is not true. On this question of my influence, -- humble as it is,-- is felt at this moment to a considerable extent, and shall be felt in coming years -- not perniciously, but beneficially -- not as a curse, but as a blessing; and posterity will bear testimony that I was right. I desire to thank God, that he enables me to disregard "the fear of man which bringeth a snare," and to speak his truth in its simplicity and power.

Good Luck In Your Quest
Be Well,


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