Police departments rightfully expect citizens to understand and obey the law, so it is only fair that the police understand and obey the laws that apply to them. Unfortunately, the St. Louis Metropolitan Police Department has violated Missouri’s government transparency laws on several occasions. That’s why the Goldwater Institute filed a lawsuit today aimed at holding the department accountable for knowingly violating Missouri’s Sunshine Law by stonewalling a property owner’s request for records he is legally entitled to.
Goldwater filed the lawsuit in St. Louis City Circuit Court against the police department, its custodian of records and the St. Louis Board of Police Commissioners. The lawsuit asks the court to declare that the police department violated the law when it refused for months to turn over public records to St. Louis property owner John Thomas, order the department to immediately produce all the requested records and refund unauthorized fees, and impose statutory civil penalties.
The lawsuit comes as the St. Louis Metropolitan Police Department has been found to have ignored government transparency laws again… and again… and again.
A Disproportionate Response to a False Report
The case began on a Sunday morning in April at a short-term rental property in St. Louis that Thomas was renting to a group of motorcycle enthusiasts who were visiting from Ohio.
While guests were outside, four police vehicles slowly rolled past the property over the span of just a few minutes. Then officers approached the guests, claiming someone had reported that the building was “condemned.” One officer noted that before arriving, they had checked police records and confirmed there was no condemnation notice on file.
Although the officers soon departed without taking any law enforcement action, the unprovoked presence of four police vehicles left the guests unnerved and Thomas deeply concerned about why police had responded so heavily to a claim they knew was false.
Stonewalling, Delay, and Illegal Fee Demands
Under Missouri law, any person whose property is involved in an incident has an explicit right to receive “complete, unaltered and unedited” copies of police records to investigate potential civil claims or defenses. Seeking to understand what triggered the response, Thomas submitted a Sunshine Law request seeking records to help clarify the situation.
Although Missouri law requires governmental bodies to act on records requests no later than the end of the third business day after receiving them, the police department did not do so. The law also specifies that within 30 days of receiving the type of request Thomas submitted, law enforcement agencies must either produce the requested materials or file a motion with a court asking permission to redact or withhold part of them. The St. Louis police department did not do either of these things.
After more than three months had passed, a Goldwater attorney notified the police department that they were in violation of the requirements. But rather than immediately provide the records to Thomas, the department demanded he pay an unauthorized $183.77 fee as a prerequisite for processing the request. Thomas paid it under protest.
More than four months after Thomas submitted his request, the department produced some—but not all—responsive records.
A Department in Need of Judicial Oversight
The St. Louis police department and its custodian of records (who has served in this capacity for more than 35 years) are well aware of their statutory duties.
Earlier this year, the Goldwater Institute won a trial court victory against the department, when the court held that it purposefully violated the Sunshine Law by withholding records from a local newspaper. This followed two decisions from the Missouri Court of Appeals finding that the department had committed “knowing” violations of the Sunshine Law. The department also signed a consent judgment in another case admitting it had violated the same statutory provision applicable to Thomas by failing to take proper action before the statute’s 30-day deadline.
Protecting Citizens’ Transparency Rights
This case is about more than one public records request; across Missouri and across the nation, government agencies routinely obstruct access to public records, preventing citizens from protecting their rights or uncovering misconduct. The Goldwater Institute is defending the rule of law and ensuring that law enforcement remains transparent and accountable to the people it serves.
Public institutions work for the people. They must not be allowed to exercise state power while keeping the public in the dark about their operations.
Click here to read the Goldwater Institute’s lawsuit against the St. Louis Metropolitan Police Department.
Dave Roland is the Director of Allied Litigation at the Goldwater Institute.
