The Washington Coalition for Open Government is suing the state of Washington over lawmakers’ claims that they have a right to a so-called “legislative privilege” that allows them to withhold public records.
The lawsuit argues the state and various lawmakers have violated the 1972 voter-approved Public Records Act by redacting and withholding records under a legislative privilege that does not exist in state law or the Washington Constitution.
The Washington Coalition for Open Government, a nonprofit advocate for government transparency, advocates for public records, open meetings and informed citizens. The organization is made up of journalists, attorneys and other advocates of government transparency, including some elected officials.
The lawsuit mentions lawmakers by name, including House Speaker Laurie Jenkins, D-Tacoma. It offers examples of instances when lawmakers mentioned legislative privilege when they redacted or withheld records, and notes that the Public Records Act does not contain a legislative privilege exemption. The lawsuit notes that language isn’t contained in other Washington statutes, nor has it been included in any affirmative court rulings.
In 2019, the Washington Supreme Court ruled that legislative emails, texts, memos and other communications are disclosable as part of the Public Records Act. This year’s legislative session began in January with revelations that lawmakers have been quietly blacking out documents and continuing to claim legislative privilege.
