Update (March 31, 2025, 6:47 PM PM)
ARLINGTON HEIGHTS, IL — Less than one week before the April 1 municipal election, the Village of Arlington Heights is facing scrutiny after refusing to expedite a Freedom of Information Act (FOIA) request related to a trustee candidate’s business. The request, submitted March 24 by AH Town Square, seeks permit records for Golden Brunch amid allegations of unpermitted remodeling work at the property.
In response, Mayor Thomas Hayes cited Illinois FOIA law in explaining why the request would not be expedited. “The Village has determined that you qualify as a ‘Recurrent Requester’ under Section 2(g) of FOIA and the Arlington Heights Village Code,” Hayes wrote in an email to AH Town Square on March 28. “The Village will send you an initial response…within 21 business days of its receipt.”
Hayes added that there were already “approximately 25 open FOIA requests in the queue from other requesters” at the time, and that Village staff “follows normal procedures to respond to FOIAs as they come in and does not prioritize/expedite one over another.”
Official Communications Related to FOIA Request #25-546
"Request for Comment on FOIA Expediting Refusal Related to Trustee Candidate Allegation"
(Sent by AH Town Square to Village Board – March 25, 2025)
"Automatic Reply from Trustee Jim Bertucci"
(Received – March 27, 2025)
"Response from Mayor Thomas Hayes Regarding FOIA Classification and Processing"
(Sent – March 28, 2025)
"Follow-Up from AH Town Square Challenging 'Recurrent Requester' Classification"
(Sent by Douglas McEwing to Mayor Hayes and Village Board – March 28, 2025)
In a reply addressed to Mayor Hayes and the full Village Board, AH Town Square founder Douglas McEwing challenged the Village’s classification and raised concerns about the timing of the delay. “Section 2(g) of FOIA, as well as the Arlington Heights Village Code, should not be misapplied by attributing individual requests to the corporate entity or vice versa,” he wrote, pointing out that the request was submitted by AH Town Square, a legally distinct LLC and media platform.
McEwing continued, “By classifying this as a ‘recurrent requester’ situation, the Village is effectively delaying access to critical information that the public has a right to know—information that may inform their vote and trust in local governance.”
He further argued that delaying the release of the records just before the election undermines FOIA’s core purpose. “Public bodies have a heightened responsibility to promote transparency during election periods, and FOIA was designed to serve precisely this purpose,” McEwing wrote.
The email also hinted at broader concerns about favoritism in how the Village responds to record requests: “If the Village continues to disregard the legitimate press status of AH Town Square and does not treat its FOIA requests accordingly, legal proceedings are only steps away.” McEwing added that “while you may no longer be serving as Village President soon, that change in role will not shield you from legal accountability.”
Trustee Jim Bertucci was the only elected official to respond, sending an automatic reply stating, “I will read your message and then either reply directly or forward it to the appropriate village staff member(s)… I will take your information into consideration before voting.”
No further public comment was provided by Village officials as of publication.
The full article originally reporting the Village’s refusal to expedite the FOIA request is available here.
Update (March 31, 2025, 6:47 PM PM):
We have updated the content of our article to reflect the latest discussions and clarifications regarding the status of AH Town Square under the FOIA and its recognition as a legitimate press entity.
Following the village’s decision not to recognize AH Town Square as a legitimate press entity, a review request was sent to the Illinois Public Access Counselor (IL PAC) office. This initiated a thorough email dialogue between Mr. Douglas McEwing and Mr. Joshua Jones, Chief of the Public Access Bureau. Their discussions focused on transparency and access to information in Arlington Heights.
During these exchanges, Mr. McEwing expressed concerns about Mr. Jones’s specific requests for data concerning the platform’s analytics and donations. He sought clarification on why these metrics were emphasized when evaluating AH Town Square’s status as a news media under the Freedom of Information Act (FOIA). Although Mr. Jones initially thought Mr. McEwing was seeking legal advice, it was clarified that the queries were only for explanations regarding the selective focus on certain data.
Mr. McEwing argued that relying solely on quantitative metrics like analytics does not fully capture what constitutes a legitimate news source. He highlighted AH Town Square’s role in producing and distributing news and information, with regular updates and community engagement. He cited the Reuters Institute Digital News Report and Agility PR Solutions’ report on the Fifth Estate to illustrate changing patterns in news consumption and the growing influence of digital platforms on public discourse.
In his response, Mr. Jones reminded Mr. McEwing to submit any further information to support the claim that AH Town Square qualifies as news media for purposes of FOIA, emphasizing that this was the time to do so. He noted his office’s role was to evaluate information, not to provide legal advice, and stressed the necessity of proper submissions for thorough consideration.
Continuing the conversation, Mr. McEwing had previously reached out to the village clerk, Ms. Hume, to inquire about the criteria required for press status. In her response, Ms. Hume informed AH Town Square that the village would be following the guidelines established by the IL PAC. She stated, "Based on the statutory language and prior direction from the Office of the Public Access Counselor, the Village will continue to respond to your FOIA requests in accordance with the ‘Recurrent Requester’ provisions of the law." This was just an update from the village following our earlier inquiry.
This dialogue highlights the bureaucratic challenges that new media platforms encounter in gaining recognition under traditional legal frameworks and the specific hurdles faced by AH Town Square in establishing its journalistic credibility.
In the United States, there doesn’t seem to be a specific case that singularly defines what constitutes “press” based on readership alone. Instead, courts tend to consider a variety of factors including the intent of the publication, its editorial standards, its history, and its audience. A notable case is Branzburg v. Hayes (1972), which, while primarily focused on a journalist’s privilege to protect sources, touches on the broader aspects of who can be considered press under the First Amendment.
AH Town Square remains committed to proving its value and legitimacy as a news outlet, working to navigate the challenges posed by the village’s non-recognition and the stringent criteria of the existing system.
