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“As far as I know, that’s the first time in Virginia that something like this has happened,” Emerson said. “I don’t ever remembers a time when others newspapers were chipping in funds for a lawsuit.”
The case continued after Emerson sold The Citizen and its sister paper in Fauquier to Times Community Newspapers in late 2005. TCN was among the papers who contributed money to the appeal fund.
The Supreme Court finally sided with the newspapers in the landmark ruling last Friday. In ruling, the court determined the FOIA exemption did not apply to discussions about the scope or terms of a previously awarded contract.
“Such an expansive interpretation... would be inconsistent with the General Assembly’s directive that an exemption to FOIA’s requirement of open meetings be narrowly constructed.”
Many in the newspaper business believe the ruling will make officials across the state more wary of using FOIA exemptions.
“Adhering to the law is an important aspect of their job as public servants,” said Ginger Stanley, executive director of the Virginia Press Association. “When they’re made aware they stop that practice. This will be a case we can point to explain the case for following the law.”
Newspapers around the state had given their support to the case that would have a major impact on counties across the state. The case made use of the VPA’s First Amendment Fund to pay for legal costs.
“I know that I get calls from reporters three to four times a week when they’re in closed meeting or about to be a closed meeting, and most the time it is for an illegal reason,” Stanley added. “Most cases I can work through the county and the meeting are opened. It’s not the norm that these meetings happen on a regular basis, but they do happen.”
The suit has named super
95.5%