Tri-City Sun

Two Midland and Ingham county residents filed a lawsuit against Gov. Gretchen Whitmer and the State of Michigan for allegedly violating her authority in issuing an executive order that relaxes response requirements for the Michigan Freedom of Information Act.

Eric Ostergren of Midland County and Jason Gillman Jr. of Ingham County filed the lawsuit on April 7 at the Michigan Court of Claims, according to a case document on the Michigan Court website. 

Attorney Philip Ellison is representing the plaintiffs.

The lawsuit’s goal is to compel Whitmer to “alter or retract her executive order,” MLive reported on April 7.

The lawsuit contends that Whitmer’s Executive Order 2020-38 allowing “temporary extensions of certain Freedom of Information deadlines to facilitate COVID-19 emergency response efforts” isn’t reasonable and limits the granting of FOIA requests, MLive reported.

The executive order “relaxes requirements for responding to FOIA requests made by mail or fax during the COVID-19 emergency,” according to a news release from the Office of the Governor on April 5.

The Freedom of Information Act provides “for public access to certain public records of public bodies,” according to state regulations.

“This action will protect workers who handle FOIA requests by allowing public bodies to defer portions of requests that would require workers to report to work in-person,” the April 5 press release said.