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For Immediate Release
August 24, 2005
Camden, NJ – The American Civil Liberties Union of New Jersey (ACLU-NJ) filed a lawsuit today against Waterford Township and township officials on behalf of a woman who filed an anonymous request for public documents pursuant to the state’s Open Public Records Act (OPRA) and whose identity was then investigated and exposed by township officials.
“People have a right to request public documents anonymously and without fear of retaliation or intimidation,” said Grayson Barber, the ACLU-NJ's cooperating attorney and lead counsel representing the plaintiff in this case. “Open government is a cornerstone of our democracy and the actions of the Waterford Township officials showed complete disregard for our state’s law on open records and the principles behind it.”
Kathy McGuire made an anonymous OPRA request in February seeking information about the number of dog licenses issued to a resident of Waterford Township. The township clerk initially declined to process an anonymous request, but eventually agreed after McGuire persisted. When McGuire went to pick up the information seven days later, she was followed to her car by a township official. The following day, Waterford Chief of Police John Bekisz revealed McGuire’s actions and identity to a local animal protection agency with whom she had volunteered. McGuire later learned that her identity had been revealed to the dog owner about whom she had made the request, and that he had made inquiries about her appearance, home address, and activities.
The ACLU-NJ asserts that the actions by the township and its officials violated McGuire's right to obtain public records anonymously pursuant to OPRA and her privacy and due process rights as guaranteed by the United States and New Jersey constitutions.
Despite the fact that McGuire’s identity was illegally revealed and intimidating actions taken against her, McGuire stepped up to address Waterford’s illegal actions in the interest of the greater public good. “I want to make sure that others are not intimidated from exercising their right to access public documents.”
The case is captioned McGuire v. Township of Waterford, et al. and was filed in the Superior Court of New Jersey in Camden County.
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