by Walter Smith

The Virginia Freedom of Information Act (โActโ or โFOIAโ) has wonderfully high aspirations, ensuring the people of the Commonwealth have โready access to public records.โ All public records are presumed open, unless an exemption is properly invoked. Any exemption shall be narrowly construed. All public bodies shall make reasonable efforts to reach an agreement with a requester concerning the production of the records requested. All of that warmth and fuzziness is contained in the short title and policy โ 2.2-3700 โ of the Act.
All of Virginiaโs public universities qualify as โpublic bodies,โ subject to FOIA. Given the ties to the Commonwealth — the students, the alumni, the citizens, the Commonwealth itself and its monies — one might expect ready compliance with the Act. Surprisingly, one school in particular that brags about its โunequivocalโ support for free expression and free inquiry hands over as few documents as it can, contrary to the broad aspirations expressed in 2.2-3700.
My FOIA journey began in 2021, soon after the University of Virginia released its โfree speechโ statement. I was disappointed with it, thinking it lukewarm and empty of enforcement โ a fig leaf resulting from the alumni outcry arising out of the poor handling of the F UVA Lawn door.
To broadly summarize my experience, JMU, Va Tech and VCU have been cooperative, even helpful, going so far as to call me to explain why documents might not exist, or how the format isnโt exactly what I requested. Admittedly, these might only be 10 requests, while I have made hundreds of requests to UVA. UVA, however, seems determined to use every possible trick to avoid turning over documents requested. Even if I were to make all of my requests in bad faith (I havenโt), it would not obviate UVAโs duty to comply with the Act.
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