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Tucson, Arizona | Published: 03.12.2006
Southern Arizona had a record-setting year for the number of fatal and near-fatal workplace accidents in our community; 13 men died while working at construction sites, in farm fields and in manufacturing plants last year.
Without access to state and federal records, the Star could not have told that story Feb. 12. Nor could we have used that data as a springboard to discuss the reasons for the incidents and what is being done to improve workplace safety.
The Star's Becky Pallack shuffled, sorted and scoured public records, spending hours in the local office of the Arizona Division of Occupational Safety and Health, pursuing information that was legally — but not necessarily readily — available.
We believe open, accessible records ensure the public's right to know what its government is doing — both good and bad.
We support National Sunshine Week, which kicks off today and continues through Saturday. The week celebrates the Freedom of Information Act, which President Lyndon Johnson signed almost 40 years ago.
The law guarantees the public's access to federal government records, unless they involve national security or private information about an individual or business. Arizona has its own law, which allows secrecy in limited matters such as adoption proceedings and grand juries.
We agree with the statement Johnson made when he signed the bill on July 4, 1966: "This legislation springs from one of our most essential principles: a democracy works best when the people have all the information that the security of the nation permits. No one should be able to pull curtains of secrecy about decisions which can be revealed without injury to the public interest."
His signature flung open the curtains of information and let the sunshine in. Public access and the free flow of information is an empowering right that our community should demand.
Open records help secure honesty and accountability in government. They are an assurance against corruption and for the equal treatment of people.
Important role of media
Freedom of information brings to light issues that have an impact on our daily lives. The warning label on a bottle of aspirin that you may give your child was the result of Food and Drug Administration-released studies on aspirin and Reye's syndrome in children in 1982.
In 2005, The Associated Press reported on the risks of blood clots believed related to a birth-control patch by obtaining federal drug-safety reports under the Freedom of Information Act.
When government refuses to hand over records to an average citizen, that's often the end of the road. Few people can afford to hire lawyers to go toe-to-toe with our government. That's one place where the media can and does play an important role. We can muster the money to sue for access to important records.
In a big case in the news recently, The Associated Press did exactly that. It sued to obtain transcripts from hundreds of hearings at the U.S. military prison in Guantanamo Bay. A federal judge ruled in the AP's favor, and on March 3 the Pentagon released 5,000 pages of records from at least 317 hearings.
Sometimes the media sues to uphold the principle of open records even if the documents don't uncover an important story.
That's what happened in 2000, when several Tucson Police Department officers were photographed nearly naked while on duty. The officers said the photo was a private prank and their bosses refused to release it on grounds that it was embarrassing.
The story was readily told without the photo, but the Star and other local media outlets sued. The state Court of Appeals agreed with us that what public officials do on taxpayer time is a public record. The photo was released, although the Star never published it.
We acknowledge that there are security secrets that must be maintained; however, we believe that more knowledge and more information can help us become more secure. An informed public is aware of and alert to risks.
Not just a press issue
Freedom of information is not a press issue — it's a citizenship issue.
The laws and the records are not exclusively for the press corps. They are for all Americans.
Journalists often need public records to do their jobs. Pallack, who wrote the story on workplace deaths, turned in 11 other stories in February that relied at least in part on public records.
But reporters are far down the list of users. A spot check by the Heritage Foundation's Center for Media and Public Policy found that journalists accounted for just 5 percent of the records requests at four federal agencies. Businesses, lawyers, nonprofit groups and individuals who didn't list their occupation all finished ahead of reporters.
The Star's Enric Volante created the step-by-step guide to accessing public records on Page H1. We hope you will clip this guide and save it for future use and handy reference.
Following the proper procedures is important to accessing some records. Some government employees may be hesitant to hand over documents; thus, taking the appropriate steps is necessary. Some tenacity may also be necessary.
An open democracy is a hallmark of our society. For our democracy to be of the people, by the people and for the people, the people need to know what the government is doing.
Freedom of Information lets the sunshine in, taking information out of the dark for the people.
More on Sunshine Week ● The state of Freedom of Information, Page H1.
● An interview with Associated Press President Tom Curley, Page H3.
● Federal agencies have lagged in their responses to public requests for information, Page B5 in Monday's Arizona Daily Star.
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