Court: Delaware must open public records.

• Author: Swartz, Nikki
• Position: UP FRONT - Brief article

A federal appeals court has ordered Delaware to open its public records to nonresidents, upholding a lower court ruling.

In a decision that could affect other states' Freedom of Information (FOI) Act laws, the 3rd U.S. Circuit Court of Appeals in Philadelphia has ruled that a section of Delaware's FOI Act is unconstitutional because it does not allow nonresidents access to public records.

The case, Lee v. Minner, began with a 2003 lawsuit filed against the state by a New York resident and journalist, Matthew Lee, who said he was denied access to Delaware records involving a national bank. Lee had requested information about lending practices between Delaware state officials and Household International, now part of HSBC.

According to an Associated Press (AP) report, Delaware officials had...