Tennessee is getting away with delaying access to public records, sometimes for years

(This article is part of U.S. Democracy Day , a nationwide collaborative on Sept. 15, the International Day of Democracy , in which news organizations cover how democracy works and the threats it faces. To learn more, visit usdemocracyday.org .)

Late last year, the city of Memphis wrote a $7,419.68 check to reimburse the attorney fees of journalist Marc Perrusquia rather than risk losing a public records lawsuit.

The city folded before the case got before a judge. What was the issue?

For 2½ years , the city had sent Perrusquia monthly emails, telling him that it was still working on his public records request and trying to decide whether they could withhold parts or all of the records.

“ It was like reporting on the Kremlin, so much secrecy, opacity… They did not refuse to give it to us. They just kept delaying and delaying,” Perrusquia said.

“ Our argument was justice delayed is justice denied. The continuation of delaying our request was basically a denial.”

This kind of delay is not the worst I ’ ve seen in Tennessee , nor is it uncommon.

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