Court Requires District of Columbia to Comply with its Legal Obligation to Post Budget Materials Online

Terris, Pravlik & Millian, LLP (TPM) brought a DC Freedom of Information Act (“DC FOIA”) case against the District of Columbia asking the Superior Court to order the District to turn over budget materials that are required by law to be posted on a District website. The legislative history for the law explains that it was passed to “expand public access to key budget documents so that residents can participate more fully in the budget dialogue, and [to] promote accountability by making the financial operations of the District government more transparent.” TPM sought the materials to help it to monitor the District’s compliance with the injunction in DL v. District of Columbia, which addresses the delivery of special education and related services to preschool-aged children. More information about the DL case is here.

The Mayor asked the Court to dismiss the case, arguing that the documents were exempt from disclosure under DC FOIA or, in the alternative, asking the Court to invalidate the statutory provision at issue rather than order the Mayor to comply with it. The DC Council filed an amicus curiae brief supporting TPM and calling for the documents’ release. On July 23, 2021, the Superior Court rejected the Mayor’s arguments and ordered the District of Columbia to publish online all documents that the statute requires to be public.

The case is Terris, Pravlik & Millian, LLP v. District of Columbia, No. 2020 CA 003087 B, in DC Superior Court. The complaint is here and the Court’s order is here.