Chetly Zarko v. Howell Education Association

(now Eric Rothoff v. Howell Education Association)

(Editor's note: This case resulted in a disastrous Michigan Court of Appeals ruling that held that the emails sought under a Freedom of Information Act request were essentially personal records, not public records, and therefore beyond the reach of FOIA. The decision severely weakened the state’s FOIA law and thwarted disclosure of improper activity by public employees. Because the Michigan Supreme Court has refused to hear an appeal of the decision, the ruling can be corrected now only by the Legislature or by the Michigan Supreme Court in a future case.)

A lower court's interpretation of what constitutes a "public record" under Michigan's Freedom of Information Act would shield criminal and other improper government activities from public scrutiny, according to this "friend of the court" brief jointly submitted to the Michigan Supreme Court by the Mackinac Center for Public Policy and the Michigan Press Association.

Click here to download the PDF of this amicus brief. This news release explains the context of the case.

Following the filing of this brief, the Mackinac Center and MPA have submitted two supplemental briefs to the Court. The first alerted the Court to a new U.S. Supreme Court ruling that is relevant to this case. The second supplemental brief brings up recent examples of how the Appeals Court’s disastrous ruling has been used by school districts to deny FOIA requests and potentially hide improper activities. Read the news release for more information.

The Mackinac Center's original amicus brief for the Appeals Court hearing of this case, then named Howell Education Association v. Howell Board of Education, is available here.