ACLU Sues a Woman Seeking to Use Washington State’s Public Records Act to Determine Transgender Populations in Washington Prisons

It is rather amazing that any organization would seek to block a citizen from obtaining access to public records. It is surreal that the ACLU is seeking to block citizen access, but this is not the principled ACLU of the Ira Glasser era. . Rather, this is the ACLU that hires attorneys that want to ban books. And now, the ACLU has reached a new low.

PM reports what happened in this case:

A woman was interested to know how many inmates in Washington state identify as transgender, and how many of those transgender identified inmates have been given transfers to go from men’s prison to women’s prison, and the reverse. To get this information, she filed a Freedom on Information Act request. Instead of getting the information she requested, she got sued by the ACLU.

Here’s a copy of the public records request filed by the citizen:

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Why did this woman seek this information?

“I started requesting information about what is happening in US prisons after learning about cases abroad where violent male offenders were housed in women’s prisons,” the woman who made the request told The Post Millennial, “including a case where a woman became pregnant as a result. Due to the shameful lack of impartial media reporting on this issue, the public can’t trust the institutions we’ve come to rely on to get accurate information.

The ACLU responded by sending the woman this letter:

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I’ll end by reminding us all what the ACLU supposedly stands for:

We must seize every opportunity to protect and advance our civil rights and liberties — in legislatures, the courts, and our communities. Join us in holding our leaders and institutions accountable to fulfill the promise of democracy. With your support, we can lead freedom forward.

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Erich Vieth

Erich Vieth is an attorney focusing on civil rights (including First Amendment), consumer law litigation and appellate practice. At this website often writes about censorship, corporate news media corruption and cognitive science. He is also a working musician, artist and a writer, having founded Dangerous Intersection in 2006. Erich lives in St. Louis, Missouri with his two daughters.

This Post Has One Comment

  1. Avatar of Erich Vieth
    Erich Vieth

    Here is a copy of the ACLU lawsuit. Notice that the plaintiff did not seek the names of any of the prisoners, but ACLU is worried that names would be released pursuant to the process proposed by the Washington AG. This could be solved by a court order that the names of the prisoners should not be released to the general public, but the ACLU would rather, unbelievably, take the position that public records bearing on an important issue should remain totally secret. It should be an easy task to devise a way to allow the statistics to be examined without allowing particular individuals’ names and medical information to be made public.

    The Federal court issued a TRO. http://dangerousintersection.org/wp-content/uploads/2021/04/Order_granting_motion_for_temporary_restraining_order.pdf

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