The Freedom Foundation has won a partial victory in a public records appeal we’re pursuing—even before the case has been decided. The state is conceding that it improperly withheld information from the Foundation.

In 2009, a state-operated ferry crashed into its landing dock in Seattle. We asked for the drug and alcohol test results of the ferry crew. Washington State Department of Transportation (WSDOT) provided the records, but redacted several portions of the records, including test results.

We sued to get the records. We believe that the public deserves to know about the on-the-job conduct of public employees, especially in the case of an accident like a ferry crash.

The trial judge ruled against us and we appealed to the state Court of Appeals.

One of our arguments was that WSDOT withheld too much information. Not only test results, but related information—information about whether testing occurred, names of tested employees, testing methodology, details about the testing laboratory, etc.  After we filed the appeal, WSDOT supplied new copies of the records with all information unredacted, except for the actual test results.

WSDOT now concedes in its brief to the Court of Appeals (pages 25-26) that the agency acted improperly by withholding information related to the testing of public employees—about 90 percent of the information it originally held back. WSDOT asks the Court of Appeals to send the case back to trial court to determine the penalties the agency must pay.

The Foundation’s attorney on this case, Mike Reitz, tells me that the appeal will move forward to address the main issue of whether WSDOT can continue withholding the results of drug and alcohol testing.