Somewhere behind closed doors at the University of Rhode Island, “Safe Zone” trainings are being held at taxpayers’ expense, teaching about transgender identities, race and ethnicity, sexual pleasure, and more. But when a Rhode Island resident asked the university for specific information about what is being taught, her request was denied—in violation of the law. Now, with the help the Goldwater Institute, she’s fighting back.
“I’m a mom and I pay taxes, and I want to know how my tax dollars are being spent,” said Nicole Solas, the concerned citizen in this case. “I have seen the trend toward ‘safe spaces’ at America’s colleges, how free speech is being shut down, how universities are operating behind closed doors, and how some voices just aren’t being heard. So when I learned that the public university in my state was offering ‘Safe Zone’ trainings, I wanted to know more about it.”
Citizens have a right to access public records, and that includes how a state university uses tax dollars to hold the trainings, along with documentation about what is in those trainings. Solas attempted to utilize her state’s public records law to obtain that information, but she received an unusual answer. The university claimed her request seeks drafts and trade secret information, both of which may be exempt from public disclosure.
In response to the university’s refusal to produce the documents, the Goldwater Institute, along with American Freedom Network attorney Greg Piccirilli, filed an appeal on Solas’s behalf, challenging the university’s illegal actions with the Rhode Island Attorney General’s Office. In the appeal, the Goldwater Institute asserts that these documents are not drafts and that the “trade secret” label does not apply in this case. “Trade secret” is supposed to refer to commercial or financial information that is privileged or confidential. In this case, The Safe Zone Project, the brand used for the training, makes all its materials free and available without copyright protection, meaning permission is not required for anyone who wants to use the materials—which is why it is so unusual that the university would claim the training is trade secret. And while the training is free and available, it’s impossible to know which specific materials are being used at the University of Rhode Island unless they disclose it pursuant to this records request.
Unfortunately, the University of Rhode Island’s unlawful, secretive actions are among the latest in a disturbing, nationwide trend of public officials raising dubious defenses to shield supposedly public information from actually being made public.
Recently in Pennsylvania, a school district denied a mother’s request for records for specific school employees suspected of talking about a student behind her back, falsely claiming school district employee emails are not public records. Only after the Goldwater Institute and American Freedom Network Attorney Wally Zimlong stepped in on Tara Adams’ behalf can she finally find out what school officials are saying about her daughter in secret.
In Arizona, a state agency denied an investigative journalist public records regarding its treatment of vulnerable adults, claiming the reporter was not a real journalist conducting “bona fide research.” Ultimately, the Arizona Supreme Court held that even non-journalists conducting bona fide research are entitled to public records.
Unfortunately, government agencies continue to evade transparency by coming up with new or creative defenses to hide what is really going on at the taxpayers’ expense. But the Goldwater Institute will continue to fight for transparency and hold government bureaucrats accountable.
You can read our appeal here.
Stacy Skankey is a Staff Attorney at the Goldwater Institute.
