File cabinets. (Getty)
One of the less noticed features of the Virginia Way is the long-running tendency of the commonwealth’s leaders to conduct their decision-making behind closed doors. While the Virginia Freedom of Information Act presumes all government business is by default public and requires officials to justify why exceptions should be made, too many Virginia leaders in practice take the opposite stance, acting as if records are by default private and the public must prove they should be handled otherwise.
In this feature, we aim to highlight the frequency with which officials around Virginia are resisting public access to records on issues large and small — and note instances when the release of information under FOIA gave the public insight into how government bodies are operating.
ACLU launches investigation into possible abuses of civil rights across campuses
Following the violent police response and mass arrests of students, staff, and faculty protestors on multiple Virginia campuses this spring amid the flaring Israel-Hamas war, the ACLU of Virginia has launched an investigation into potential abuses of civil rights and liberties.
The organization submitted Freedom of Information Act (FOIA) requests to several universities across the commonwealth, seeking information on selective enforcement and viewpoint discrimination, the use of force by campus and state police, and the due process afforded to students and university employees subjected to disciplinary actions.
However, the responses to these FOIA requests have been largely unsatisfactory, the ACLU said in a statement. The universities — which include Virginia Commonwealth University (VCU), Virginia Tech, the University of Virginia (UVA), and the University of Mary Washington (UMW) — cited exemptions that allowed them to withhold information or indicated they would provide details only for exorbitant fees.
Mary Bauer, executive director of the ACLU of Virginia, expressed disappointment at the lack of transparency.
“Universities are charged with creating environments that encourage students to exercise their First Amendment rights,” Bauer said. “After deploying state police and imposing questionable disciplinary charges against student demonstrators this spring, university leaders should be more forthcoming about their decision-making processes and how they will enforce the new policies passed over the summer.”
Bauer emphasized that Virginians, who fund public universities with their tax dollars, deserve clarity on how their civil rights and liberties are being protected. “Transparency is essential — without exception, exemption, or hefty fees.”
Media pushes for courtroom access in Otieno case
Powhatan Circuit Court Judge Joseph M. Teefey initially barred reporters from the courtroom during jury selection for the trial concerning Irvo Otieno’s death, but relented after requests from reporters with the Richmond Free Press and the Richmond Times-Dispatch, the latter publication reported earlier this week.
The trial, which opened Monday, involves Wavie Jones, a former Central State Hospital employee charged with involuntary manslaughter in Otieno’s March 2023 death.
Otieno, who died while handcuffed and restrained, was ruled to have died from asphyxiation by a medical examiner. However, Jones’ defense argues Otieno died of a “sudden cardiac event” due to an enlarged heart, and that Jones positioned Otieno on his side to avoid restricting his breathing. Prosecutors counter that Jones used excessive force and disobeyed orders not to get involved.
Otieno’s death, captured on hospital security footage, gained national attention, with the video being scrutinized in court. Witnesses had conflicting memories about Otieno’s position during the restraint, and hospital policies against prone restraints were introduced as evidence.
Jones is the only remaining hospital employee facing charges after some were dropped against others. The trial has evoked themes of civil rights and police reform, with several potential jurors removed for their views on police use of force. Otieno’s family attended the trial, with his mother, Caroline Ouko, reacting emotionally during discussions of graphic evidence.
Litigation against three Roanoke County school board members allowed to move forward
A lawsuit by Roanoke County Supervisor Martha Hooker against three members of the school board has been allowed to advance, a federal court decided Monday. The case was preceded by a decision Hooker and other supervisors made that was “described as a way to increase transparency and accountability” in the process of funding the renovations of two schools and the replacement of a technical education center, the Roanoke Times reported.
According to the Times’ report, Hooker claims that Cheryl Facciani, Tim Greenway, and Brent Hudson sought to have her fired from her part-time position with the county school system in retaliation for her voting on a contentious school funding issue.
U.S. District Judge Elizabeth Dillon denied a motion to dismiss the lawsuit’s central claim, which alleges that the school board members acted out of anger over Hooker’s vote, thus infringing on her First Amendment rights. While some claims in Hooker’s wrongful termination case were dismissed, the main thrust remains intact, according to her attorney, Tommy Strelka.
In May 2023, Hooker was dismissed from her role as the school system’s work-based learning coordinator, with Superintendent Ken Nicely stating that certain school board members believed she had a conflict of interest. However, Hooker argues that the real reason for her termination was political retaliation linked to funding decisions made by the board of supervisors for school renovations.
The ongoing conflict between the supervisors and school board has included disputes over funding methods for various educational projects. Although the school board’s attorney argued that the members were not directly involved in Hooker’s termination, Judge Dillon indicated there was sufficient evidence for potential individual liability. The Roanoke County school system has declined to comment on the pending litigation.
Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: info@virginiamercury.com
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