A Michigan Attorney has filed suit against Governor Gretchen Whitmer’s executive order extending Freedom of Information Act request deadlines during the coronavirus outbreak.
The Governor’sorder allows government entities otherwise subject to FOIA deadlines to delay responding until June 4th.
But Saginaw County Attorney Phillip Ellison said the extended deadlines amount to a suspension of FOIA requests during the outbreak.
“Many levels of government are operating almost fully functionally. Zoning decisions are being made, criminal charges are being brought. Now governments can leave Joe and Jane Q Public kind of helpless.”
Ellison argues that so long as government operations continue, organizations should be fully subject to FOIA requests.
“We’re not alleging that a specific FOIA request has been denied on this but we’re saying the Governor’s authority to prevent even asking in the first place meaningfully is a violation of the powers that she has in a time of crisis.
Ellison has filed the case in the Michigan Court of Claims on behalf of two clients.
A spokesperson for the Governor’s office said they could not comment on pending litigation.