FOIA dispute takes new turn as Virginia Appeals Court orders fresh review by lower court in Fauquier

The Virginia Court of Appeals has reversed the Fauquier Circuit Court’s decision in a lawsuit between Citizens for Fauquier County, a local environmental group, and the town of Warrenton.

The dispute centers on the town’s refusal to release more than 3,100 emails related to an Amazon data center project. The town had withheld the emails, claiming exemption of correspondence under the Virginia Freedom of Information Act for both the mayor and the former town manager.

Citizens for Fauquier County argued that the town was wrong to withhold the information they requested. The appeals court ruled that the town had incorrectly used the FOIA exemption cited. The court explained that the town could only apply the exemption to either the mayor or the town manager, not both.

The appeals court supported the town’s right to choose which official the exemption would apply to but criticized the town attorney for not clearly explaining which emails were kept secret.

The case will now go back to the Fauquier Circuit Court for further examination. This will include a new look at the town’s reasons for withholding the emails and addressing other issues like whether emails sent to multiple people should be kept private and whether attorney fees should be paid.

The Citizens for Fauquier County had the support of two dozen other journalism organizations including the Virginia Press Association, Fauquier Times, Prince William Times, Gannett Co., Inc, Tribune Publishing Company, Reporters Committee for Freedom of the Press, Virginia Coalition for Open Government, News/Media Alliance, National Newspaper Association and more.

The outcome of this case could be important for how FOIA rules are interpreted and used across Virginia.