When Requests for Records are Denied

Reference Number: MTAS-449
Tennessee Code Annotated
Reviewed Date: November 27, 2018
Print This PagePrint This PageSend by EmailSend by EmailPDF versionPDF version

When a municipality denies a request for records or impedes a requestor’s ability to access public records, the Act guarantees the requestor’s right to petition a court for access to the records. T.C.A. § 10-7-505(a). At trial, the municipality has the burden of proving that it did not violate the Act. T.C.A. § 10-7-505(c). A court must then weigh the evidence presented by the municipality against the court’s duty to construe the Act “to give the fullest possible access to public records.” T.C.A. § 10-7-505(d). If the court finds that the municipality “willfully” violated the Act, the “court may, in its discretion, assess all reasonable costs involved in obtaining the record, including reasonable attorneys' fees, against the municipality.” T.C.A. § 10-7-505(g).

 

Have Questions?

Search Our Site

Use our comprehensive search tool to find out more information about your topic.