Freedom Foundation Loses Access to Members’ Information

The Freedom Foundation sent a Freedom of Information (“FOI”) Request to Jefferson County seeking information for each Jefferson County employee who is currently employed in a position covered by a collective bargaining agreement with CSEA/AFSCME Local 1000. With respect to each employee, the Freedom Foundation sought the employee’s first name, middle name, last name, gender, public office address, job title, hire date, agency or department, work email address or naming convention and domain, work telephone number, and bargaining unit.

The County refused to provide the requested information as an unwarranted invasion of privacy and that the Freedom Foundation wanted the information to solicit the employees. The Freedom Foundation sued Jefferson County and the New York Supreme Court found in favor of the Freedom Foundation finding that it was entitled to the information under Freedom of Information Law in New York.

The County appealed, arguing that the Freedom Foundation wants the information for solicitation purposes only which is improper under FOI. The Freedom Foundation argued that it wanted to educate public employees about the 2018 US Supreme Court Janus decision. The New York Appellate Division, 4^th Department agreed with Jefferson County, reversed the lower court and dismissed the Freedom Foundation’s lawsuit.

This is a victory for our members’ privacy and protecting them against unwanted solicitations from the Freedom Foundation.