Utah lawmakers are moving to restrict public access to government records, and they want you to pay the price. Two bills making their way through the legislative session could make it harder for the public to learn about how tax dollars are being spent—and might even prevent citizens from fighting back when their rights are denied.
The Lawmakers’ Agenda: Cutting Off Transparency
It’s no secret that government transparency has been under fire lately. But a recent move in Utah is particularly troubling. Lawmakers are pushing through two bills designed to close off public access to records—and make it more difficult for people to challenge those denials in court.
At the center of this push is HB69. Originally, this bill was focused on election and voter records. However, just before the session reached its final stages, Senator Calvin Musselman (R-West Haven) inserted a provision that would make it nearly impossible for anyone who sues the government over denied records to recover attorney fees.
Why does this matter? Consider this: The Utah Investigative Journalism Project (UIJP) was involved in a battle to access records in 2019. The goal? To uncover how a nonprofit was spending millions of taxpayer dollars to lobby for the delisting of the gray wolf. After winning at the state records committee, we had to take the matter to court. With pro bono legal help, we finally got the records, revealing how the nonprofit’s head was paying his younger brother as an employee. It was a long, costly, and frustrating fight that took almost four years. And, without free legal representation, the small nonprofit would never have been able to afford that battle.
Now, imagine if that battle had played out under the new law. If this bill passes, government agencies could deny requests for records with little to no fear of consequences. They could drag out the process, knowing that if you win, you won’t be able to recover the expensive legal fees.
The law is clear: If a government agency is found to be acting in “bad faith” when denying records, it can be forced to pay legal fees. But proving “bad faith” is no easy task. Lawyers, paid by taxpayer dollars to defend the government’s stance, are likely to fight tooth and nail—even if their case is fundamentally flawed.
Who Pays When You Fight for Transparency?
This is where the real issue lies. If this bill becomes law, it won’t just be investigative journalists, like myself, who are at risk. Any citizen who wants to challenge a records denial could face the prospect of mounting legal bills they can’t afford.
The worst part? Government agencies already have taxpayer-funded legal teams at their disposal. Need proof? Just look at the Utah Attorney General’s Office, which has been embroiled in controversy for over a decade. Not every agency has a legal team this large, but almost every government entity has access to legal support, paid for by taxpayers.
- Government agencies will be able to refuse your record requests with little financial consequence
- Taxpayer-funded attorneys will defend those denials, making it harder for regular citizens to fight back
- Proving “bad faith” in court would require extensive legal resources that most people can’t afford
You might wonder how this could even happen. Isn’t transparency supposed to be the bedrock of good governance? Isn’t it your right as a taxpayer to know how your money is being spent? The answer should be yes. But these bills could severely restrict that right. It would make it much easier for government agencies to withhold critical information and force the public to either give up or pay through the nose for a chance at justice.
How This Bill Can Hurt Citizens
You don’t need to be a journalist or an activist to understand how damaging these bills could be to regular citizens. Everyone has the right to know how their tax dollars are being used—and they should have the ability to ask for records without fear of being stonewalled or financially ruined in the process.
Here’s a breakdown of the situation:
- If HB69 passes, your city, county, or state could easily deny records you request.
- If they do, they’ll use their taxpayer-funded lawyers to fight you in court.
- Even if you win, you’ll likely have to do it at your own expense.
- The bar to prove “bad faith” is so high that many would be discouraged from even trying.
This bill doesn’t just threaten transparency—it threatens justice. If you’re fighting for a right that belongs to you, why should you have to fight with one hand tied behind your back because you can’t afford to battle a taxpayer-funded army of lawyers?
The Bigger Picture
While these bills may be specific to Utah, they reflect a broader trend across the country. Government agencies are finding new ways to block access to public information, often citing security or efficiency concerns. But at the heart of this issue is a simple question: Who gets to control the narrative?
Governments shouldn’t be able to hide behind legal loopholes, using taxpayer dollars to protect their secrets. The bills in Utah are just one example of a disturbing national trend, where access to public records becomes a luxury few can afford to access.
This isn’t just about one state or one piece of legislation—it’s about whether the public will be able to hold their government accountable at all. And if these bills succeed, it’ll send a clear message: The more power you have, the harder it becomes to know what you’re doing with it.
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