WASHINGTON, D.C. - Georgetown University Law Center 's Institute for Public Representation is lead counsel in a lawsuit that challenges the constitutionality of the open-records law in the state of Delaware . The suit, filed on behalf of New York-based consumer activist and journalist Matthew Lee, claims that it is unconstitutional for the state of Delaware to limit access to its public records to residents of that state.  

Lee, a non-resident of Delaware , executive director of the non-profit consumer organization Inner City Press/Community on the Move, and a writer of stories that often uncover predatory and discriminatory lending practices of banks and financial service companies, frequently requests public documents from state governments. Because Delaware has often refused him access to records because he was not a resident of the state, Lee decided to sue. Specifically, Lee wants the U.S. District Court in Wilmington to declare the citizenship provision of Delaware 's Freedom of Information Act to be illegal and bar state officials from enforcing it.

Georgetown Law Center Institute for Public Representation Staff Attorney Richard McKewen says that the Lee case is significant for two reasons:   "First, Delaware is the hub of corporate regulation in the United States .   Without access to Delaware records, journalists involved in overseeing the regulation of US corporations would be substantially disadvantaged.   And second, the case is significant from a legal standpoint because it rests on a novel legal theory - namely the Constitution's Privileges and Immunities Clause, which says that 'the citizens of each state shall be entitled to the privileges and immunities of citizens in the several states.'   We believe that this provision makes it unlawful for states like Delaware to erect barriers to preclude out-of-staters from scrutinizing Delaware 's regulatory process.   This case will break new legal ground."

According to Delaware Online ( The News Journal ), Delaware is one of only seven states whose public records law explicitly include a citizenship requirement. The paper also reports that Lee's case is the first to challenge Delaware 's citizenship requirement. The full Delaware News Journal story can be found at: http://www.delawareonline.com/newsjournal/local/2003/11/27lawsuitchalleng.html

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