McKenna's Friend of the Court Brief: Some people are not really "people" under state lawJennifer Shaw, Deputy Director of American Civil Liberties Union of Washington, contributes the post below, discussing the Amicus Curiae Brief recently filed by Washington's Office of the Attorney General. At pages 15-16, the brief discusses the meaning of "person" in Washington's Public Records Act and concludes that people incarcerated for felonies are not persons under that law. Also see remarks of Toby Nixon, President of Washington Coalition for Open Government, quoted in a June 9 article in the Everett Herald.
The Attorney General of the State of Washington argues that some people in this state aren't really "people" under the law. This remarkable argument was offered in a recent Court of Appeals brief in the case of Parmelee v. Mathieu. The stated purpose of the argument is to limit the ability of incarcerated people to obtain public records relating to the Department of Corrections. However, if the Court accepts this argument, any person who has lost the right to vote due to a felony conviction would be prohibited from seeking any public records from any government agency for any reason.
This is a very troubling proposition. If this argument prevails, people who work, pay taxes, support their families and volunteer in their communities would not be permitted to either choose their elected officials by casting a vote or seek to hold those officials accountable for their public acts. If their children attend public school, they would be unable to request records to determine whether the school is complying with state academic standards or following safety requirements; they would be unable to seek information about a potentially dangerous building projects in their neighborhoods; they would not be allowed to ask for information about hazardous abandoned property in their communities; they would be unable to even ask for the minutes of city council hearings or the voting records of their elected officials.
McKenna's Friend of the Court Brief: Some people are not really "people" under state law | 3 comments (3 topical)
McKenna's Friend of the Court Brief: Some people are not really "people" under state law | 3 comments (3 topical)
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