As the Epstein Files continue to fill public discourse, the potential cost of legal fees to “release the files” is not an aspect likely to make headlines. However, even when government-held information is critical to public concern, access often turns not on whether it should be disclosed, but whether someone can afford to sue.
Despite the expense, private litigation often offers the only path to push back when important public information is withheld. Maryland is no exception, as the state Attorney General lacks the power to sue over wrongfully denied record requests, excessive copy fees, and other violations of the Maryland Public Information Act. This leaves private lawsuits as the only way to enforce government compliance, allowing the ability to pay legal fees to ultimately dictate the possibility of transparency.
The impact of this is especially stark when it obscures information vital to life and death. Such was true for Anton Black’s family, who faced a wall of secrecy as they tried to understand how and why the 19-year-old was killed by police in 2018. This was also true for advocates met with resistance when seeking records about Baltimore police officers officially designated as having “integrity issues” by city prosecutors, as well as disability rights attorneys blocked by delays and denials when investigating the use of restraints on students. In each dire case, the government only came clean after costly litigation ultimately made possible by fee-shifting provisions that are currently under threat.