FILED 3/21/2019 1:42 PM MARY KELLEY CLERK OF THE CIRCUIT COURT LOGAN COUNTY ILLINOIS IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT LOGAN COUNTY, ILLINOIS EDGAR COUNTY WATCHDOGS, Plaintiff, v. ATLANTA PUBLIC LIBRARY DISTRICT, Defendant. ) ) ) ) ) ) ) ) ) 2019CH15 COMPLAINT NOW COMES Plaintiff, EDGAR COUNTY WATCHDOGS, by its undersigned attorneys, LOEVY & LOEVY, and brings this suit to overturn Defendant ATLANTA PUBLIC LIBRARY DISTRICT’s refusal, in willful violation of the Illinois Freedom of Information Act, to properly respond to ECW’s Freedom of Information Act requests. In support of its Complaint, ECW states as follows: INTRODUCTION 1. Pursuant to the fundamental philosophy of the American constitutional form of government, it is the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees consistent with the terms of the Illinois Freedom of Information Act (“FOIA”). 5 ILCS 140/1. 2. Restraints on access to information, to the extent permitted by FOIA, are limited exceptions to the principle that the people of this state have a right to full disclosure of information relating to the decisions, policies, procedures, rules, standards, and other aspects of government activity that affect the conduct of government and the lives of the people. 5 ILCS 140/1. 3. All public records of a public body are presumed to be open to inspection or copying. Any public body that asserts that a record is exempt from disclosure has the burden of proving by clear and convincing evidence that it is exempt. 5 ILCS 140/3. 4. Under FOIA Section 11(h), “except as to causes the court considers to be of greater importance, proceedings arising under [FOIA] shall take precedence on the docket over all other causes and be assigned for hearing and trial at the earliest practicable date and expedited in every way.” PARTIES 5. Plaintiff EDGAR COUNTY WATCHDOGS is the FOIA requester in this case. 6. Defendant ATLANTA PUBLIC LIBRARY DISTRICT is a public body located in Logan County, Illinois. FEBRUARY 20, 2019 FOIA REQUEST 7. On February 20, 2019 ECW requested from APLD copies of “all subpoenas (unredacted) received by the Library, by any current or former member of the Atlanta Public Library Board of Trustees, and by any current or former employees of the Atlanta Public Library Board. This would also include the Museum and Palms Grill. Since January 2018.” Ex. A. 8. On February 28, 2019 APLD took an extension of five business days to respond to the request. Ex. A. 9. On March 5, 2019 APLD denied the request citing FOIA Section 7(1)(a) and 725 ILCS 5/112-6 which exempts “matters occurring before the grand jury” from disclosure. APLD also referenced the Illinois Supreme Court decision BGA v. Office of the Special Prosecutor, et. al., claiming that the decision exempts the requested records from disclosure. Ex. B. -2- 10. As the Appellate Court held when former Governor Blagojevich tried to withhold federal grand jury subpoenas he received from disclosure, recipients of grand jury subpoenas are not prohibited from disclosing them. Better Gov't Ass'n v. Blagojevich, 386 Ill. App. 3d 808, 814-815 (2008). COUNT I – AUGUST 28 FAILURE TO PRODUCE RECORDS 11. The above paragraphs are incorporated by reference. 12. APLD is a public body under FOIA. 13. The records sought in ECW’s FOIA request are non-exempt public records of 14. APLD violated FOIA by failing to respond to the FOIA requests by the required APLD. deadline. COUNT II – AUGUST 28 WILLFUL AND INTENTIONAL VIOLATION OF FOIA 15. The above paragraphs are incorporated by reference. 16. APLD is a public body under FOIA. 17. The records sought in ECW’s FOIA request are non-exempt public records of 18. APLD willfully and intentionally, or otherwise in bad faith failed to comply with APLD. FOIA. WHEREFORE, ECW asks that the Court: i. in accordance with FOIA Section 11(f), afford this case precedence on the Court’s docket except as to causes the Court considers to be of greater importance, assign this case for hearing and trial at the earliest practicable date, and expedite this case in every way; -3- ii. declare that APLD has violated FOIA; iii. order APLD to produce the requested records; iv. enjoin APLD from withholding non-exempt public records under FOIA; v. order APLD to pay civil penalties; vi. award Plaintiff reasonable attorneys’ fees and costs; vii. award such other relief the Court considers appropriate. RESPECTFULLY SUBMITTED, /s/ Joshua Hart Burday ____________________________ Attorneys for Plaintiff EDGAR COUNTY WATCHDOGS Matthew Topic Joshua Burday Merrick Wayne LOEVY & LOEVY 311 North Aberdeen, 3rd Floor Chicago, IL 60607 312-243-5900 foia@loevy.com Atty. No. 41295 -4- From: Atlanta Limary Sam: Tuesday' alch 05 2019 1 35 AM To' John Kraft -- Subject: Re: FOIA Request (Atlanta Public Libtary - 2-20-2019 Exhibit A Mr Krafl. Please see the attached in response to your request. Sincerely. Rachel Neisler FOIA Officer Atlanta Public Library apldinformallon@gmall com On Thu. Feb 28, 2019 al10:15 AM Aflanla Library Com) wrote: Mr Krafl. Per 5 140I3(e)(v) your request will require an auuitronal 5 ousrness days to complete, You receive a response to your request no later than March 7. 2019. Sincerely, Rachel Nelsler FOIA Officer Aflanla Publlc Library apldinlormallan@gmall com On Wed. Feb 20, 2019 at 5:15 PM John Krafl --wrote: In accordance the Freedom of information Act 1 am requesting the followlnq. if you are net the FOIA officer please forward to the FOIA officer as required by statute. I am requesting the followmg mformauon under the Freedom of Infon'natlon Act 1, Copy of all subpoenas (unredacted) received the Library, by any current or former member of the Atlanta Public Library Board of Trustees, and by any current or former employees of the Atlanta Public Library Board. This would also include the Museum and Palms Grill. since January 2018. nectronic cogiaa are raggaltad. This is not a commxcial xaggast. qualify as pots; media and non-profit under the definirions in Secrion 2 (c-lfll ("Comercial purpose";, and the principal purpose of rne request is co access and disseminate information concerning news and current or passing evenrs, or for articles of opinion or features of inrerest to tne public; Secrion 2 (I) ("News meoi v; as an lnvestigative Reporter for Disclosure News Magazlne, an online and prinreo newspaper, and an lnvesrigative Reporter for the Edgar County Warcndogs, an online news site, and an? engaged in maklng news reels and other motion picture for public Viewing, and as a news serVice ro proVioe news and data to news organizarion4s) and nonproflts; Secrion 2 4g) ("Recurrent requester"); and Section 2 45;) ("Volumlnous reguesr"; of the Freedom of lnformarion Act, for tne purposes of being exempt ro rne proVisions of Section 3.1 (Requests for conimezclal purposes); Secrion 3,2 (Recurrenr reguesters;,~ Section 3.5 (Volumlnou5 requests;, and Section 5 (Aurnority to charge fees;. T5115 is also a request for fee waiver, snoulo any fees be imposed, as rnis informarion bears on tne public business of Atlanra Publlc library District and will be used ro inform cirizens of the acrions of their public officials and employees, of their and responsibilities, of news and current or passing events, and for articles of opinion or features of inrerest to tne public. Thanks, John Kraft APLD1nformahun(C)gmancom AtlantaPLD org Allanla Pubhc lelary 8. Museum ALS #145 100 NW Race St PO Box 558 Allanla IL 51723 10-12230 Tu&Th 10-4230 53 9-3 1-217-648-2112 1-217-643-5269 APLDmIormahun@gman com I AllanlaFLD org Al'anla Pubhc lelary Museum ALS D151, #145 100 NW Race 8| PO Box 568 Allanla 1L 51723 M 10-12:30 / Tu&Th 10-7 / W&F 10-4:30 / Sa 9-3 p 1-217-648-2112 / f 1-217-648-5269 kraft3.7.pdf 217K ATLANTA PUBLIC LIBRARY DISTRICT Atlanta Public Library Museum 100 Race Street, P. O. Box 568, Atlanta, IL 61723 March 5, 2019 Mr Kraft, On February 21, 2019, you requested the following records: ?copy of all subpoenas (unredacted) received [by] the Library, by any current or former member of the Atlanta Public Library Board of Trustees, and by any current or former employees of the Atlanta Public Library Board. This would also include the Museum and Palms Grill. Since January 2018? As the acting FOIA Officer for this Public Body, I am denying your request under Section of 5 ILCS 140, because this request contains information specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law. (5 ILCS Disclosure of the requested materials is prohibited under section of the Code of Criminal Procedure of 1963 (725 ILCS 5/112?6) and similar federal law, which bars disclosure of "matters occurring before the Grand Jury? rendering the requested materials exempt from disclosure pursuant to section of FOIA. In addition, in an opinion filed on January 25, 2019, the Supreme Court of the State of Illinois in In re Appointment of the Special Prosecutor (BGA v. Office of the Special Prosecutor, et al.) ruled that grand jury documents were exempt from disclosure under FOIA. You have a right to have the denial of your request reviewed by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General. 5 ILCS You can file your Request for Review with the PAC by writing to: The Atlanta Public Library District strives to be a service-driven community resource for learning, creativity and engagement. its mission is to improve the quaiity of iife of adults and chiidren by expanding their horizons, meeting their learning needs, and enhancing their interests in meaningful and entertaining ways. Exhibit ATLANTA PUBLIC LIBRARY DISTRICT Atlanta Public Library Museum 100 Race Street, P. O. Box 568, Atlanta, IL 61723 Public Access Counselor Office of the Attorney General 500 South 2nd Street Springfield, Illinois 62706 Fax: 217-782-1396 E?mail: publicaccess@atg.state.il.us You also have the right to seek judicial review of your denial by filing a lawsuit in the State circuit court. 5 ILCS 140/11. If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date of this denial. 5 Please note that you must include a copy of your original FOIA request and this denial letter when filing a Request for Review with the PAC. Sincerely Rachel Neisler FOIA Officer Atlanta Public Library District P.O. Box 568 Atlanta, IL 61723 217?648?2112 apldinformation@gmail.com The Atlanta Public Library District strives to be a service-driven community resource for learning, creativity and engagement. its mission is to improve the quality of We of adults and children by expanding their horizons, meeting their learning needs, and enhancing their interests in meaningful and entertaining ways.