Protecting the people’s right to know in Washington state is a constant battle that is getting even harder. That’s a tough message to deliver, especially during Sunshine Week.
Sunshine Week is recognized nationwide from March 15-21 this year. It’s meant to educate, recommit and celebrate the fight for openness in government, believing it is the best way to ensure accountability and preserve public trust.
It coincides with the birthday of James Madison, March 16, 1751. Madison was a driving force behind the constitutional convention in 1787 and presented the first version of the Bill of Rights to Congress.
But celebration of open government these days is more often focused on small wins in a growing battle.
We wish we could report that transparency is being embraced throughout government for the good of the people, but increasingly, that is not what we see here in Washington. It’s not what other states see either.
A lot has been happening in our state concerning your right to know what government is doing in your name and with your money, and not all of it is good.
This was the short-session year for our state Legislature, but there were dozens of bills that would diminish access and transparency. For us, every session has become a series of battles to prevent erosion, especially regarding access to government records. The spirit of the law is that public records should be open to the people, unless a specific exemption in the act closes that access.
This battle isn’t new. It’s been ongoing since the Public Records Act passed with just 10 exemptions in 1972. Today, there are 700.
In recent years, a culture change leaning away from access has seemed to make things worse. We spend a lot of time battling seemingly well-intentioned legislation that would significantly restrict access to important government information. In the session that ended last week, we tracked more than 40 bills, most of which would have created new exemptions.
With the public’s help, most of the bad bills failed. Perhaps just as importantly, several other bills were amended to lessen their potential harm to transparency. Resistance does work when people pay attention and participate.
The session also started with a handful of bills that would improve public access. Only one passed.
One disappointing loss was a bill that would have approved some of the work done by the government-appointed Sunshine Committee. The advisory committee was set up to recommend which old exemptions are no longer relevant, and this bill would have eliminated a handful that the committee proposed in 2025. Lawmakers did not move it forward.
You can find a rundown of the legislative action at our website, www.washcog.org.
Meanwhile, the Washington Court of Appeals in Tacoma last week handed down another disappointment for transparency supporters. The court ruled that members of the state Legislature have a “privilege” to withhold internal legislative records from public disclosure. The ruling came in the case of Jamie Nixon and the Washington Coalition for Open Government v. State of Washington.
All three appellate judges agreed that the separation of powers doctrine gives state lawmakers a “legislative privilege” that exempts their internal deliberations from the state Public Records Act.
Our lawsuit argued that legislators cannot keep all internal deliberations secret, just those that are required to be kept secret for the public welfare. Rather than require the Legislature to clarify limitations in statute, the court said all internal legislative deliberations are secret.
The public now has no right to question lawmakers in any meaningful way because no one can look behind the scenes. The public has been relegated to audience-only seating to view contrived performances.
WashCOG will continue to communicate with legislators and the public to protect the people’s right to know. We also will work with co-plaintiff Jamie Nixon to consider options going forward, including possibly seeking review by the state Supreme Court.
Now for some good news. WashCOG held its annual Sunshine Breakfast last week honoring numerous individuals and organizations who are champions for the cause. About 150 people braved rain and snow on March 13 to attend the event in Bellevue.
People do care, and we are committed to making Washington a model for the nation when it comes to transparency and accountability. But there is much more we need to do.
Please join us in this important work.
