Barry v. Washington Post Co.

529 A.2d 319, 14 Media L. Rep. (BNA) 1490, 1987 D.C. App. LEXIS 413
CourtDistrict of Columbia Court of Appeals
DecidedAugust 10, 1987
Docket87-296
StatusPublished
Cited by21 cases

This text of 529 A.2d 319 (Barry v. Washington Post Co.) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barry v. Washington Post Co., 529 A.2d 319, 14 Media L. Rep. (BNA) 1490, 1987 D.C. App. LEXIS 413 (D.C. 1987).

Opinion

PER CURIAM:

On May 9, 1986, pursuant to the District of Columbia Freedom of Information Act (“FOIA”), a reporter for the Washington Post requested from appellants all documents relating to the expenses of the Mayor of the District of Columbia, Marion Barry, 1 since the beginning of fiscal year 1983 which were paid or reimbursed by the District of Columbia. The Post filed suit two months later, alleging that the District had not fully complied with its FOIA request. The District in fact had withheld from the Post two sets of expense records, those relating to funds spent for the May- or’s security and those relating to his expenses from discretionary and ceremonial funds authorized by D.C. Code §§ 1-355 and 1-356 (1981) claiming that both classes of records were exempt from disclosure under FOIA. After a hearing on the parties’ cross-motions for summary judgment, Judge Kessler of the Superior Court concluded that the requested documents were not protected under any FOIA exemption. Accordingly, she entered an order directing appellants to

search for and produce all documents in the Executive Office of the Mayor relating to expenses for the Mayor’s security ... from fiscal year 1983 up to May 9, 1986 ... [and to] produce documents in the Executive Office of the Mayor regarding expenditures from the ceremonial and discretionary funds, related to expenditures for the Mayor and not other persons.

The order further provided that the security documents were to be redacted by deleting the names and addresses of all security personnel and any other information by which such personnel might be identified. The trial court denied a motion for stay pending appeal. Appellants now seek a stay in this court, contending that the documents are protected by FOIA exemptions and that the court has equitable jurisdiction to expand the statutory exemptions of FOIA. We deny the stay.

To prevail on a motion for stay, a movant must show that he or she is likely *321 to succeed on the merits, that irreparable injury will result if the stay is denied, that opposing parties will not be harmed by a stay, and that the public interest favors the granting of a stay. In re Antioch University, 418 A.2d 105, 109 (D.C.1980), citing Virginia Petroleum Jobbers Ass’n v. FPC, 104 U.S.App.D.C. 106, 110, 259 F.2d 921, 925 (1958). When the last three factors strongly favor interim relief, only a “substantial” showing of likelihood of success, not a “mathematical probability,” is necessary for the court to grant a stay. Washington Metropolitan Area Transit Commission v. Holiday Tours, Inc., 182 U.S. App.D.C. 220, 222, 559 F.2d 841, 843 (1977). Appellants’ motion meets neither standard.

The District of Columbia FOIA, D.C.Code §§ 1-1521 through 1-1529 (1981), was modeled on the corresponding federal statute, 5 U.S.C. § 552 (1982), and many of its provisions closely parallel those of the federal act. Like the federal FOIA, the local FOIA embodies a strong policy favoring disclosure of information about governmental affairs and the acts of public officials, a policy which requires the courts to read narrowly any statutory exemptions from disclosure. Dunhill v. Director, District of Columbia Department of Transportation, 416 A.2d 244, 247 n. 5 (D.C. 1980). The act provides for full disclosure unless the information requested is exempted under a specific statutory provision; in the absence of a statutory exemption, a court has no general equitable power to prevent disclosure under FOIA of public documents and records. Washington Post Co. v. United States Department of State, 222 U.S.App.D.C. 248, 250, 685 F.2d 698, 700 (1982), cert. granted, 464 U.S. 812, 104 S.Ct. 65, 78 L.Ed.2d 80 vacated as moot, 464 U.S. 979, 104 S.Ct. 418, 78 L.Ed.2d 355 (1983); see Allen v. Central Intelligence Agency, 205 U.S.App.D.C. 159, 161 n. 11, 636 F.2d 1287, 1289 n. 11 (1980). Although the act does not limit the inherent power of a court to grant equitable relief, such as a stay, while adjudicating a FOIA case, see Renegotiation Board v. Bannercraft Clothing Co., 415 U.S. 1, 18-20, 94 S.Ct. 1028, 1037-38, 39 L.Ed.2d 123 (1974), that power does not include the authority to create additional exemptions from disclosure. The statutory exemptions are intended to be exclusive, D.C.Code § l-1524(c) (1981), and equity cannot enlarge or extend them beyond the limits set by the act. Moreover, any doubts about the applicability of a particular exemption must be resolved in favor of disclosure. Hawkes v. Internal Revenue Service, 467 F.2d 787, 795-796 (6th Cir.1972).

Appellants claim that the security documents are covered by exemption 3 of FOIA, D.C.Code § l-1524(a)(3) (1981), which under certain circumstances prevents disclosure of “investigatory records compiled for law enforcement purposes _” 2 We cannot agree. The federal courts have held that the corresponding exemption in the federal FOIA applies only to investigatory records compiled in the course of a specific investigation, records whose disclosure would significantly impede law enforcement efforts. E.g., Cox v. United States Department of Justice, 576 F.2d 1302, 1309-1310 (8th Cir.1978); Hawkes v. Internal Revenue Service, supra, 467 F.2d at 795. Given the broad policy of disclosure underlying both the federal and District of Columbia statutes, we think it appropriate to adopt this interpretation for the District of Columbia FOIA as well. We therefore hold that the phrase “investigatory records compiled for law enforcement purposes” in exemption 3 refers only to records prepared or assembled in the course of “investigations which *322

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Bluebook (online)
529 A.2d 319, 14 Media L. Rep. (BNA) 1490, 1987 D.C. App. LEXIS 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barry-v-washington-post-co-dc-1987.