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Florida Today Fighting for sunshine Attacks against open records and open government threaten the health of our democracy What kind of America do you want to live in: One where you have ready access to information about what your government is doing, or one where the politicians and their powerful allies slam that door in your face and work in secret? The fight for open government at all levels is an eternal one in our democracy, and each of us must be vigilant to make certain that our business - and yes, it's our business - is conducted in the flood-lit glare of public scrutiny. But that openness is under assault in Florida and Washington, where Tallahassee lawmakers are often more interested with protecting the interests of their cronies, and the Bush administration is on a blitzkrieg to keep you in the dark. The landscape is dangerous, which is why we want to talk about it today on this fourth annual "Sunshine Sunday," which is sponsored by the Florida Society of Newspaper Editors to focus attention on the rising threats to open government. And why we urge you to join us to stop it from happening. Let's take a look at Florida, which has a commitment to open records enshrined in the state Constitution and where our Sunshine Laws are among the most progressive in the nation. Every year the Legislature - which returned to work a few days ago - considers exemptions to open records, so many that more than 300 such attempts have been killed the past three years alone. At least 50 new exemptions already have been filed this session, while a major new threat is looming on the horizon: A committee appointed by the Florida Supreme Court wants to heavily restrict or shut down court records you can see on the Internet, denying access to a wealth of information that belongs to you and should be at your fingertips. Granted, some items should be shielded to protect privacy, such as certain family court cases, but those should be handled on a case-by-case basis, not removed wholesale. One big myth - and it's one government officials love to pitch - is that such fights are nothing more than the press sticking its nose where it doesn't belong, and where the public doesn't want it to go. Nothing could be further from the truth. Most public document requests are made by businesses and average citizens. Yet nearly 40 percent of such requests were illegally denied last year at Florida courthouses, according to a survey done last year. What can you find out through open public records? Here are just a few examples: • Whether your children's teachers have been convicted of molestation. • Whether school-bus drivers have numerous traffic tickets. • Whether the homebuilder you're considering has ever been sued. • What went into a zoning change, a city council decision, a local road contract. • What inspections show about the conditions of nursing homes where you may need to put a loved one. This is the everyday stuff of life, but every day, attempts are made to deny access to a wide range of records in Florida's cities, counties and state offices. Meanwhile, in our nation's capital, it's open season on open government. Since Sept. 11, the Bush administration has used the cover of "fighting terrorism" to block attempts to find out what it's doing in all branches of the federal government, says Paul McMasters of the First Amendment Center in Arlington, Va. A major battleground on that front is the Freedom of Information Act, which anyone can use to request documents and information. But former Attorney General John Ashcroft bolted and locked that door and threw away the key, turning the act's "presumption of openness on its head" so that "even the most routine information is very difficult to extract these days," McMaster says. The result is the strangling "of information that sustains and enlivens a democracy. It puts in jeopardy the kind of public discourse in which all Americans, leaders and citizens alike, are free to voice and examine all perspectives," he says. That is what's at stake in the fight for open records - the very oxygen that gives life to our government and way of life. That's worth thinking hard about this Sunshine Sunday. And it's worth fighting even harder for each day.
Reproduced courtesy
of Florida Today. |
