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The move by the Teachers’ Union to sue a Rhode island Mom for trying to get information about what the school is teaching her kids might in fact be illegal if Legal Insurrection is correct in citing a Rhode Island Supreme Court Ruling that suggests it might be.

The Mom in question has been making an inordinate number of FOIA requests of this local government, so the issue for the local government might not specifically be with her requesting information as it is the proliferation of what she wants, and whether some data is within FOIA parameters or not.

However, once a Union of government employees steps into the fray and seeks to stop a citizen from getting information by suing them, now the legal questions begin to form.

Unions May Have Major Legal Problem In Lawsuit Against RI Mom Nicole Solas Over

From legalinsurrection.com
2021-08-09 17:25:20a
William A. Jacobson
Excerpt:

 

There is a Rhode Island Supreme Court case that is going to have to be addressed, and which seems to sink the unions’ lawsuit. Ilana Cutler, Esq., Legal Insurrection Foundation Investigations Counsel, found the case, and it appears to be good law. And let’s just say I was shocked to find a case seemingly so on point and not addressed in the unions’ papers that it could present a major problem for the lawsuit.

The case is a 2004 Rhode Island Supreme Court case, In re New England Gas Co., 842 A.2d 545, 551–52 (R.I. 2004), in which the court found no right of a non-party to the public records process (in the position of the unions here) to seek to prevent disclosure of allegedly non-public information. That case even relied upon prior precident involving a different union’s attempt to intervene.

 

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