Yesterday was an interesting day. While I waited my five days for my FOIA returns, I was stunned to open the FOIA to see that all were denied. The basis of denial was that I had not supplied enough evidence of my personal information.
So I took the time to review the FOIA law sent to me this morning from a well known discrimination attorney and found the following:
1. They have not asked for this proof from EVERY resident requesting a FOIA, therefore it is discriminatory. (Why only me?)
2. They have not asked this information of other "white" FOIA requesters that I know. (So is it a race thing?)
3. The intention of denying this FOIA on this basis was illegal, as FOIA act specifically does not address that a requester must supply personal information. Matter of fact, under
(5 ILCS 140/1)
(from Ch. 116, par. 201) it states that the FOIA act is not intended to cause an unwarranted invasion of personal privacy. Not only did they want my address to harass or bully me and my family, they wanted to post it for the stalkers, like they did to Bonnie and others that have submitted a FOIA. 4. Furthermore, FOIA law only gives certain refusal allowances. According to Sec. 7. Exemptions. (5 ILCS 140/9) (from Ch. 116, par. 209), this reason for denial was invalid, as this reason is not a "valid" reason for denial.5. It is my right to request and receive FOIA's. Sec. 1. Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees consistent with the terms of this Act. Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest. 6. They also broke my FOIA rights when they failed to include factual basis to their denial and a list of names involved.Sec. 9. (a) Each public body denying a request for public records shall notify the requester in writing of the decision to deny the request, the reasons for the denial, including a detailed factual basis for the application of any exemption claimed, and the names and titles or positions of each person responsible for the denial. So the bottom line is this...I must have asked for something that hit an illegal activity right on the head. I will give the village 5 more days to send the FOIA before I pursue three possible different avenues.1. I will go to the PAC advisor at the States Attorneys Office to have them pursue the FOIA request, and hire an attorney whom will charge the village the $5K fine plus legal expenses.2. I will have multiple "white" people request the same documents.3. I will hire the attorney and sue for discriminatory and harassment actions based on the fact I was denied without just cause, that I was asked to supply personal information, and was treated differently then any other resident.Furthermore, if this was an attempt to bully or harass my family by gaining information, I will show these individuals what I think of that. Real men don't cower behind a lady in the office's FOIA reports. A personal message to you, Mr. Claar. I assume you remember meeting me in person because you are too afraid to be a man and let me look you in the eye while you ask for my personal info to intimidate my family. For that cowardice, I spit on your shoe.According to my attorney, my rights are also applied for self defense and the right to defend my young. So PLEASE show up at my door to harass and bully my wife and kids, PLEASE wrongfully deny my FOIA, and PLEASE discriminate against me. It is not I that will live to regret a simple denial of a FOIA.
Go for it!
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