Michigan Media Sue Redistricting Commission for Refusing to Release Documents: It's an ‘Unconstitutional Slide Towards Secrecy’
The Michigan Press Association and three media outlets filed a lawsuit on Tuesday in response to the Michigan redistricting commission’s refusal to release records from a meeting it had in October, as well as legal documents the commission claims are protected by “attorney-client privilege.”
The press association and the three outlets — the Detroit News, the Detroit Free Press, and Bridge Michigan — argue in their suit, filed as an emergency complaint with the Michigan Supreme Court, that they are entitled to the information that the Michigan Independent Citizens Redistricting Commission is currently keeping confidential.
The media entities are specifically seeking a recording of a closed-door meeting that happened on October 27 and copies of legal memos, which the commission discussed in the meeting, according to the Detroit News. The memos were titled “Voting Rights Act” and “The History of Discrimination in the State of Michigan and Its Influence on Voting,” and the involved outlets have all expressed in their reporting that concerns exist that the commission may break up majority minority districts, which historically vote Democrat.
The lawsuit states, according to the Detroit News:
Michigan voters went to great lengths to ensure transparency and meaningful public participation in the redistricting process. Accordingly, plaintiffs, as members of the public, have the necessary clear legal right to public disclosure of the redistricting materials.
The commission is comprised of four Democrats, four Republicans, and five who say they are independent, although an op-ed in the Detroit News made the case that two self-proclaimed independents have “strong ties to Democrats or liberal causes.”
Last week, the commission voted 7–5 to keep the media outlets’ requested documents confidential.
Now, in response to the lawsuit, the commission says it “looks forward to asserting its right to attorney-client privilege in court” and noted it has published 133 meetings on YouTube and Facebook.
Corrected Statement
“The Michigan Independent Citizens RedisItricting Commission looks forward to asserting its right to attorney-client privilege in court. We are not surprised or distracted by this lawsuit and will continue our mission to draw fair maps through public…1/2
— Redistricting Michigan (@RedistrictingMI) December 8, 2021
…engagement openly and transparently. By visiting the MICRC YouTube Channel or Facebook Page, you can witness the 133 regular meetings and public hearings held by the Commission. The MICRC will have no further comment on this lawsuit now that we are in litigation.” 2/2
— Redistricting Michigan (@RedistrictingMI) December 8, 2021
The conservative research group Michigan Rising Action agreed with the media outlets in a press statement, saying that the move to keep the documents confidential “erodes” public trust and violates the Michigan constitution.
“The secrecy of the Commission has unquestionably tainted their work and any map they produce,” the group’s executive director, Eric Ventimiglia, said. “The state Constitution is clear that ‘[T]he commission shall conduct all of its business at open meetings.’ This body has failed to uphold that duty and failed the people of Michigan.”
The National Republican Redistricting PAC also weighed in on the lawsuit, saying, “3 strikes for the MI Redistricting Commission” and noting the issue has gained bipartisan attention as Attorney General Dana Nessel (D) even issued an opinion that the commission should not have operated in secrecy.
3 strikes for the MI Redistricting Commission:
❌Held a secret meeting & refused to release a recording
❌Refused to release 2 legal memos
❌Ignored the Democratic AG’s legal opinionNow they’re being sued by media outlets for their lack of transparencyhttps://t.co/FPRWwioIEB
— National Republican Redistricting PAC (@GOPRedistrict) December 9, 2021
Detroit News editor Gary Miles said in an op-ed published Wednesday of his paper’s reason for joining the lawsuit, “To allow an unconstitutional slide towards secrecy is to sow more seeds of distrust.”
The redistricting commission is slated to vote on a final redistricted map proposal at the end of December.
Write to Ashley Oliver at [email protected]. Follow her on Twitter at @asholiver.
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