No. A16-0736 STATE OF MINNESOTA SUPREME COURT May 4, 2017 Tony Webster, Petitioner, vs. Hennepin County and the Hennepin County Sheriff s Office, Respondents. REQUEST OF STAR TRIBUNE MEDIA COMPANY LLC, AMERICAN PUBLIC MEDIA GROUP, AND MINNPOST FOR LEAVE TO FILE BRIEF AMICUS CURIAE OF COUNSEL FOR STAR TRIBUNE MEDIA COMPANY LLC: Randy M. Lebedoff Star Tribune Media Company LLC 650 3rd Ave. South, Suite 1300 Minneapolis, MN 55488 Telephone: (612) 673-7133 ATTORNEYS FOR STAR TRIBUNE MEDIA COMPANY LLC, AMERICAN PUBLIC MEDIA GROUP, AND MINNPOST John P. Borger, MN (9878) Leita Walker, MN (387095) Faegre Baker Daniels LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 Telephone: (612) 766-7000 Fax: (612) 766-1600
TO: The Minnesota Supreme Court Star Tribune Media Company LLC, American Public Media Group (owner of Minnesota Public Radio), and MinnPost (the Applicants ) hereby request leave of this Court to file a brief in the above matter as amicus curiae. Nature of the Applicants interest: The Applicants interest in this case is both public and private. The public has a vital interest in receiving information from the news media on matters of public interest, including the operation of government. The news media serve as surrogates for expressing the public interest in preserving the free flow of information on matters of public concern. Applicants also have private interests in publishing information about matters of public interest and controversy, including the operation of government. Petitioner Tony Webster has petitioned for review of the April 10, 2017, decision of the Minnesota Court of Appeals that the Administrative Law Judge ( ALJ ) erred in concluding (1) that respondents procedures failed to comply with the Minnesota Government Data Practices Act ( MGDPA ) and (2) that the ALJ erred in determining that respondents records arrangement failed to comply with the MGDPA. Applicants understand that Petitioner also intends to challenge (3) what he describes as the Court of Appeals suggest[ion] that a 2
government entity may in fact refuse to provide requested data if the government entity decides that the data containing the requestor s identified term do not bear upon the subject in which the requestor is interested. If the petition for review is granted, Applicants amicus brief would focus on this third issue and support Petitioner s position that the MGDPA does not contain any relevancy analysis. Applicants would urge affirmance of that portion of the Court of Appeals decision concluding that Respondents violated the MGDPA by failing to make requested public government data available for inspection but would seek clarity from this Court, in a published opinion, that responsible authorities may not withhold data responsive to an MGDPA request simply because they deem it irrelevant. Reasons why amicus brief is desirable: Under the MGDPA all government data is presumptively public and [t]he responsible authority in every government entity shall keep records containing government data in such an arrangement and condition as to make them easily accessible for convenient use. Minn. Stat. 13.03 subd. 1. The MGDPA also requires the responsible authority to establish procedures to insure that requests for government data are received and complied with in an appropriate and prompt manner. Id. subd. 2. 3
Applicants and other major media organizations in Minnesota and not just Petitioner have significant interests in seeing that laws designed to ensure public and press access to government documents are followed. This Court should grant Applicants an opportunity to address the impact and consequences of the matters regarding public access to government documents that are presented to this Court in this proceeding. Applicants will bring perspectives that are not replicated by others involved in this matter. 4
Conclusion Accordingly, Star Tribune Media Company LLC, American Public Media Group, and MinnPost seek leave of the Court to participate in the appeal as amicus curiae. Dated: May 4, 2017 FAEGRE BAKER DANIELS LLP OF COUNSEL FOR STAR TRIBUNE MEDIA COMPANY LLC: Randy M. Lebedoff Star Tribune Media Company LLC 650 3rd Ave. South, Suite 1300 Minneapolis, MN 55488 Telephone: (612) 673-7133 John P. Borger, MN #9878 Leita Walker, MN #387095 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 Telephone: (612) 766-7000 Fax: (612) 766-1600 Attorneys for Star Tribune Media Company LLC, American Public Media Group, and MinnPost 5