Proving that truth is sometimes stranger than fiction, the Building Industry Association of Washington (BIAW) has teamed up with the American Civil Liberties Union (ACLU) on an amicus curiae (friend of the court) brief in O’Connor vs. Washington State Department of Social and Health Services (DSHS). The ACLU is the newest member of an already diverse coalition comprised of BIAW, Allied Daily Newspapers Association of Washington, and the Evergreen Freedom Foundation (EFF).

Several other organizations are also considering Joining the lawsuit, including the Washington State Trial Lawyers Association, Washington Association of Realtors and Washington State Farm Bureau.

What issue could possibly unite groups with such differing views as these on a legal case that seemingly has nothing to do with their respective industries? Something very important to every group — protecting the right of citizens to obtain public records while litigating against a government agency.

Last year Kathleen and Dustin O’Connor filed an action against DSHS for damages related to the alleged sexual abuse of their fifteen year-old son at the hands of a DSHS employee while the boy was in the agency’s custody. As is common in many disputes with governmental entities, the O’Connors made a public records request under the Public Records Act to obtain information relating to the DSHS employee and the agency’s handling of the matter.

Instead of providing the public records, DSHS moved to prevent the O’Connors from obtaining them, invoking the legal argument that once a person files an action against an agency the rules of discovery, not the Public Records Act, are the sole method of: obtaining information on the matter.

Significantly, DSHS did not claim the requested records were exempt from disclosure, but rather complained that it was “unfair” for a public agency to be required to disclose public records to a litigant, completely ignoring the fact that the Act exists for the benefit of citizens and imposes specific duties upon public agencies.

BIAW, as well as its coalition partners routinely make such public records requests before and during litigation with state and local agencies and would be unable to protect their legal rights without access to public records. In fact, BIAW has successfully used the Public Records Act to obtain documents from the Public Disclosure Commission, the Department of Labor & Industries and the Department of Ecology. The information requested by BIAW is often times crucial in defending BIAW members from promulgation of a harmful rule.

The Public Records Act exists to ensure that state agencies do not withhold important information from the general public and allowance of DSHS’ actions would result in a great disservice to the citizens of this state. That is why BIAW and its coalition partners have come together in this rare alliance.