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IHSA wins Supreme Court FOIA decision

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The Illinois Supreme Court ruled Thursday the Illinois High School Association, which organizes sports tournaments between high schools, does not have to release internal records.

The Freedom of Information Act, or FOIA, is supposed to make sure anyone can get documents, memos — even emails — from a government body upon request.

But the state Supreme Court unanimously ruled the IHSA is NOT a government body. It wrote the IHSA’s sports events are not something public schools would otherwise be expected to do. […]

The Court wrote that FOIA requests can apply to functions of government — in other words, if governments outsources one of its responsibilities to a private entity, that is subject to FOIA.

“We were happy to see the Supreme Court adopted a much more liberal test for what constitutes a governmental function,” [Matt Topik, who represents the Better Government Association which brought the suit] said.

The opinion is here.

posted by Rich Miller
Friday, May 19, 17 @ 1:53 pm

Comments

  1. Will Linda Chapa LaVia convene another hearing on IHSA?

    Comment by DuQuoin GOP Friday, May 19, 17 @ 1:56 pm

  2. ===Will Linda Chapa LaVia convene another hearing on IHSA?===

    Maybe a half-hearted one. A full hearing? That’s not how Chapa LaVia counts.

    Comment by Oswego Willy Friday, May 19, 17 @ 1:59 pm

  3. From the opinion: They are not
    public employees, are not paid from public funds, and are not subject to state regulations regarding public employees or eligible for state or local government retirement programs or insurance benefits.

    Both teacher unions have employees that are eligible for pensions in TRS. Does this mean I can FOIA the IEA or IFT?

    Comment by City Zen Friday, May 19, 17 @ 2:31 pm

  4. Most interesting was fact that Navy Pier filed an amicus brief. That is an agency that needs to be FOIAd on a weekly basis

    Comment by DuPage Saint Friday, May 19, 17 @ 2:42 pm

  5. Can you FOIA IPA or IASA both have TRS pension directors? Aren’t IHSA dues and the kick backs from post-seasons paid by public funds?

    Comment by Hit Em With the Hein Friday, May 19, 17 @ 3:38 pm

  6. “It wrote the IHSA’s sports events are not something public schools would otherwise be expected to do.”
    Show me a public high school that doesn’t have athletics (and over 150 kids).

    This is the downside to PPP’s that no one ever talks about.

    Comment by Dee Lay Friday, May 19, 17 @ 3:52 pm

  7. The IHSA is very happy I am sure. They have themsleves a cozy little nest and very handsome salaries. I am sure they want that kept quiet.

    Comment by JS Mill Friday, May 19, 17 @ 4:04 pm

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