With no process for appealing public records denials short of filing a lawsuit, Colorado might want to look at a two-year-old system in Ohio, which lets anyone challenge a denial for a $25 filing fee. The president of the Ohio Coalition for Open Government says residents of his state “now have a fighting chance – no matter their resources or standing” when they believe records are wrongly withheld.
Litigate or give up. Those are your legal options in Colorado if a government entity improperly withholds public records, charges you out-of-line fees for inspection or drags its feet on a records request. The same is true if you suspect that a public body violated the Open Meetings Law. In many other states, however, litigation is not the only way to challenge FOI denials.