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Last week, the highest court in Massachusetts issued an important decision in a public records lawsuit affirming the public’s broad right of access to government records. The Supreme Judicial Court ruled that a government agency cannot withhold records on “public safety” grounds unless the agency can provide specific factual support that releasing the records would jeopardize public safety. The case was being closely watched by public records advocates, since government agencies have increasingly been withholding records based on bogus “public safety” claims. The opinion makes clear that courts will not rubber-stamp these claims.
The lawsuit, which the firm filed in 2014 for our client People for the Ethical Treatment of Animals, Inc. (“PETA”), seeks to compel the Massachusetts Department of Agricultural Resources (“MDAR”) to provide public records about the transport of monkeys and other non-human primates into and out of Massachusetts.
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