Lisa Madigan shoots down Rosemont’s attempt at superseding FOIA –

Rosemont, IL. (ECWd) –

Thanks to the Chicago Tribune’s request for review of a FOIA denial from the Village of Rosemont for financial records dealing with a recent Garth Brooks concert held at the Colosseum, the Illinois Attorney General’s Public Access Counselor issued a Binding Opinion on January 23, 2015 stating that the recent Village Ordinance passed by Rosemont claiming to supersede the Freedom of Information Act was in itself a violation of the Act.

The Village attempted to claim “Trade Secrets” and finally passed an Ordinance purporting to supersede the Freedom of Information Act by claiming that it does not apply to “Home Rule” units of local government.

However, when a law specifically states it is the exclusive jurisdiction of the State, any Home Rule claims are invalid. The Freedom of Information Act does claim exclusive jurisdiction when it states: “This Act shall be the exclusive State statute on freedom of information, except to the extent that other State statutes might create additional restrictions on disclosure of information or other laws in Illinois might create additional obligations for disclosure of information to the public. ”

We were in the process of drafting a FOIA suit ourselves for the same information and are uncertain if we will follow thru with it, or if the Village of Rosemont will provide the requested information in light of this AG Binding Opinion.

Read the 16 page opinion below, or at the AG’s website:

.

Here is Rosemont’s denial letter of my December FOIA request for the Garth Brooks concert financial records:

.