Sharon and the TN Open Records law

Sharon Rondeau, from the “Post and E-mail” has filed several open record requests with the court and other entities in TN, asking for the audio tape or transcription for reasonable fee, and the surety bonds for the clerks.

Should anyone inform her that she has no right to see such documents as she is not a TN citizen?

She filed an appeal using a fax and was told that she can only use a fax to submit filings that do not requiring payment and that the appeal costs $325.75. Maybe she will learn how to do proper research if she files the motion after paying the fee, only to be told “tough cookies”?

§ 10-7-503. Records open to public inspection – Schedule of reasonable charges — Costs
 
(2)(A) All state, county and municipal records shall, at all times during business hours, which for public hospitals  shall be during the business hours of their administrative offices, be open for personal inspection by any citizen of  this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise  provided by state law.

Not to mention that the Attorney General of Tennessee issued an opinion on this in 200

1. Can persons who are not citizens of Tennessee be denied access to public records?

The Tennessee Public Records Act, codified at Tenn. Code Ann. §§ 10-7-503, et seq., provides that “[a]ll state, county and municipal records . . . shall at all times, during business hours, be open for inspection by any citizen of Tennessee . . ..” Tenn. Code Ann. § 10-7-503(a). The plain language of the statute does not prohibit the release of public records to non-citizens, nor does it affirmatively require disclosure to non-citizens. Rather, it enables Tennessee citizens to inspect all state, county and municipal records during business hours. Accordingly, it is our opinion that persons who are not citizens of Tennessee can be denied access to public records under the Tennessee Public Records Act.

As to the Supreme Court in McBurney v. Young, 133 S. Ct. 1709 – Supreme Court 2013

QuoteLike Virginia, several other States have enacted freedom of information laws that are available only to their citizens. See, e.g., Ala.Code § 36-12-40 (2012 Cum. Supp.); Ark.Code Ann. § 25-19-105 (2011 Supp.); Del.Code Ann., Tit. 29, § 10003 (2012 Supp.); Mo.Rev.Stat. § 109.180 (2012); N.H.Rev.Stat. Ann. § 91-A:4 (West 2012); N.J. Stat. Ann. § 47:1A-1 (West 2003); Tenn.Code Ann. § 10-7-503 (2012). In Lee v. Minner, 458 F.3d 194 (2006), the Third Circuit held that this feature of Delaware’s FOIA violated the Privileges and Immunities Clause. We granted certiorari to resolve this conflict. 568 U.S.___, 133 S.Ct. 421, 184 L.Ed.2d 252 (2012).

Sharon has a long way to go before she can boast her ‘research skills’. She tries but relies too much on Walt and others, and too little on independent research.