Michigan Supreme Court to Hear Case on Delayed Public Records Requests
The Michigan Supreme Court has agreed to hear arguments regarding whether the city of Grand Rapids violated the state’s Freedom of Information Act (FOIA) by taking 13 months to fulfill an approved request for public records. The case was brought forward by the American Civil Liberties Union of Michigan in 2023 after facing delays in receiving approved documents.
Michigan’s FOIA mandates that local governments respond to requests within five business days, although it does not specify a deadline for providing the records. The ACLU contended that the prolonged delay constituted a “constructive denial” of their requests.
In response, Grand Rapids defended its handling of public records requests by citing the high volume of inquiries they receive, resulting in longer processing times. The city explained that requests are processed on a “first-in, first-out” basis, with each request placed in a queue based on submission date.
The city’s brief to the Michigan Supreme Court implied that the ACLU’s expectations for expedited service were unreasonable and suggested a desire for “special treatment.” However, legal experts like Joseph Richotte from the Michigan Press Association emphasized the importance of timely responses to public record requests, noting that delays can hinder access to crucial information, especially around election periods.
Last year, a three-judge Michigan Court of Appeals panel unanimously ruled that the state’s FOIA does not specify a timeframe for fulfilling requests and declined to establish one where the law remains silent. The Michigan Supreme Court’s decision to accept the case does not currently include a scheduled date for oral arguments, likely to occur in the following year.
