Comment Re:Would that not be protected information? (Score 1) 1435
BTW, keep in mind that under the American legal system a County-level official who flat-out refuses to implement a state-level policy is actually supporting that policy. To sue to get a policy over-turned you generally need something called "Standing," and the easiest way to get Standing to Sue is be damaged by a law. If the Kansas City School Board had said "we dislike segregation, so we'll let this kid go to school," Brown vs. Board of Education probably does not happen.
In this case it may not matter because other counties did release the info, and the Paper may sue the hold-out. But in general a County-Level official who flat-out refuses to enforce an Unconstitutional policy is protecting that policy from the Courts.
That is entirely wrong. There are several ways that this law can be overturned. First, the newspaper now has standing to sue the county. Second, the state Attorney General now has standing to sue the county. Finally, the county should has always had standing to sue the state. Prior to this action, only the county had any standing to file suit. If this county withholds the information so publicly, then it may encourage other counties to do the same. That increases the likelihood that someone will eventually file suit and take this case to the NY State Supreme court. Prior to this action, no one but the county could show that there may be damages due to the application of this law. The only damages to the county would have been the costs associated with complying with the FIA request. It's very unlikely the county could have won on such grounds. However, the odds of them winning on the basis that the information should not be made public, when sued by the state or the newspaper are likely much higher.