Arlington Heights – In a decision that underscores the troubling intersection of bureaucratic power and public access, the Illinois Public Access Counselor (PAC) has ruled against transparency advocate Douglas McEwing, siding with the Village of Arlington Heights in labeling his Freedom of Information Act (FOIA) request as “commercial.” This flawed determination effectively shields government misconduct from scrutiny and delivers a setback to citizens fighting for accountability.
At the heart of this case is a FOIA request McEwing submitted on September 20, 2024, seeking records of any instances where Arlington Heights officials improperly shared FOIA request details with unauthorized individuals. The request was prompted by a previous incident in which a village employee tipped off a police officer about a FOIA inquiry concerning that officer—an action that raised serious ethical concerns about government transparency and potential retaliation against requesters.
Despite the clear public interest in ensuring government employees do not improperly disclose FOIA-related communications, Arlington Heights denied McEwing’s request, citing “undue burden” and later classifying the request as being made for a “commercial purpose.” The village argued that McEwing’s affiliation with RecurrentRequester.com, a service he created to help individuals file FOIA requests anonymously, rendered his request commercial.
However, McEwing explicitly filed this request from his personal email, separate from Recurrent Requester, and maintained that it was in pursuit of public accountability. To further clarify his intent, McEwing submitted a signed and notarized affidavit stating unequivocally that all his FOIA requests to the Village of Arlington Heights were not commercial in nature. Additionally, McEwing has already sold the software that made up RecurrentRequester.com, further demonstrating that he no longer has a financial interest in the service. Despite these facts, the Illinois PAC disregarded his affidavit and echoed Arlington Heights’ argument that his broader involvement in facilitating FOIA requests somehow negated his right to seek information as a private citizen.
By incorrectly categorizing McEwing’s FOIA request as commercial, the PAC effectively denied him the right to challenge the village’s stonewalling. Under Illinois law, individuals whose FOIA requests are deemed commercial cannot seek PAC review, leaving court litigation as their only recourse—a costly and time-consuming barrier that benefits government entities seeking to evade scrutiny.
This ruling sets a dangerous precedent. It suggests that anyone associated with a public records advocacy initiative can have their requests dismissed under the guise of commercial interest, regardless of the request’s actual intent. It further emboldens officials who misuse FOIA classifications to withhold information that rightfully belongs to the public.
Today, the people lost one to the corruption of those working against transparency in public office. The Illinois PAC’s failure to uphold the core principles of FOIA emboldens secrecy, shields government misconduct, and places yet another obstacle in the path of those fighting for open government. McEwing now faces the decision of whether to challenge the ruling in court, but one thing is clear: this battle is far from over.
