Arkansas News Bureau
LITTLE ROCK — The House passed a bill Monday that would allow prevailing parties in state Freedom of Information law lawsuits to collect attorney’s fees.
In a 98-0 vote, the House approved HB 1326 by Rep. Lindsley Smith, D-Fayetteville, which would give the Arkansas State Claims Commission authority to award attorney’s fees to plaintiffs who prevail in lawsuits against government entities over violations of the Arkansas Freedom of Information Act.
Smith said she filed the bill in response to a court case in which David Harris sued the city of Forth Smith over an FOI violation. Harris prevailed in his suit alleging that then-City Administrator Bill Harding violated state law when he contacted city board members individually to get their approval to bid on a piece of property in 2002, but Harris was denied attorney’s fees.
“A government entity has attorney’s fees and expenses covered for their defense of Freedom of Information Act cases,” Smith said. “However, this is rarely the case for individuals who are forced to assure their rights under the FOIA statute.”
A similar bill that Smith filed in 2007 failed to get out of committee. Smith said that bill would have waived the state’s sovereign immunity, but there is no such provision in HB 1326.
