Oklahoma AG Orders Claremore to Release Public Records After Costly Fee Dispute

In a significant victory for transparency, Oklahoma's Attorney General has mandated the City of Claremore to waive an exorbitant fee of over $17,000 for public records associated with a farmer's controversial arrest during a city council meeting.

Darren Blanchard, a local farmer, attended a February meeting concerning Project Mustang, a proposed 225-acre data center. Blanchard was arrested after exceeding his three-minute speaking limit by just 30 seconds while voicing his opposition to the project. Charged with trespassing, a municipal offense with a $200 fine, he has since pleaded not guilty, asserting his right to free speech.

To bolster his defense, Blanchard, supported by his legal team, filed a public records request for bodycam footage of his arrest and records related to past disruptions at public meetings. However, the city responded with a staggering quote of $17,125.44, citing extensive legal review and search costs.

One of Blanchard's attorneys, Katie Griffin, subsequently lodged a complaint with the Oklahoma Attorney General, arguing that the fees were unreasonable. In a letter to the AG, Claremore defended its position, claiming the release of documents would lead to widespread distribution, including on social media, and that Griffin's request was overly broad.

The city’s response indicated that the bulk of the fee was associated with a legal review of 2,800 records concerning Blanchard’s arrest and the city’s dealings with security contractors during the council meeting. Claremore estimated that legal review alone would cost $16,540.44, while a separate fee of $585 was proposed for a 15-hour search, which the city argued was necessary to avoid disrupting its essential operations.

However, the Attorney General's office dismissed Claremore's justification for the fees. Assistant Attorney General Anthony Sykes clarified that under Oklahoma law, public bodies can only charge for direct costs related to copying or reproducing records. Furthermore, Sykes pointed out that Claremore had failed to establish a publicly posted fee schedule as required by the Open Records Act.

Sykes also noted that Claremore did not adequately explain how 15 hours of staff time would significantly disrupt city functions, nor did it justify the high hourly rate of its City Clerk for the search.

Claremore had previously identified more than 10 hours of bodycam footage of Blanchard’s arrest but insisted on reviewing it to ensure compliance with privacy laws regarding public and city personnel. However, Sykes ordered the city to release the footage without an extensive review, emphasizing that no attendees at the public meeting had a reasonable expectation of privacy.

As Blanchard’s case unfolds, it echoes a broader trend of arrests occurring during public meetings across the country, raising questions about freedom of expression in civic spaces. Claremore has not yet responded to requests for further comment on this issue.

Source: www.404media.co