Transparency: vital to Democracy, freedom of ALL Arkansans

FOR IMMEDIATE RELEASE

Sept. 12, 2023

OP-ED co-written by Kwami Abdul-Bey and Ashton Eley
Arkansan activists, writers, and coworkers at the Arkansas Public Policy Panel


Transparency: Vital to Democracy, freedom of ALL Arkansans

Kwami: I’ve lived as a quasi-public figure most of my adult life. Many years ago, after a series of guest co-host appearances on the old KARN’s legendary “Pat Lynch Show,” where I discussed my views on the problematic ways Arkansas polices its Black and poor communities, I received actual, credible death threats. I felt the need to hire personal bodyguards, at my own expense, during that period. I now have a family with children and cannot imagine having to deal with that with them. 

Ashton: I’m a life-long, multi-generational Arkansan with family hailing from Saline County, Crossett and outside Nashville, AR. The values of education and self-governance were instilled in me from an early age. These values are part of what led me to work as a local journalist. To practice – to the best of my ability – principles of truth, independence, fairness, humanity and accountability. 

I’ve received threatening phone calls from blocked numbers. While on the job, I’ve seen some of the best and worst of what my fellow citizens – from many walks of life, including those in positions of power – are capable of. As a female reporter and activist, I’ve been verbally and physically harassed (all while making barely livable wages). I’ve struggled to balance my work and my own safety. I’ve seen close friends and colleagues pressured to change jobs and move towns due to credible death threats. 

Neither of us particularly care for the way Governor Sarah Huckabee Sanders conducts herself as a public figure. But during her Friday news conference, when Sanders said that she and her family had been subjected to death threats, we could immediately empathize. Hopefully, we all can sympathize with the need to protect children, regardless of what we think about their parents’ politics. We believe in ensuring that the First Family is safe from potential harm while in public service. At the same time, using this premise as a misleading talking point for this week’s retroactive legislative attack on Arkansas’s lauded Freedom of Information Act (FOIA) is unconscionable. 

FOIA laws help protect every citizen’s right to know what their government is doing. Journalists, and other professionals who use FOIA to compel information from our government, are just doing what any Arkansan has the right to do. It also helps uphold our fundamental democratic, first amendment rights to freedom of speech and of the press. Arkansans have long used and benefited from our strong Freedom of Information law, staying informed and uncovering misdeeds, secret deals and grabs for money and power. 

Responding to FOIA requests may make public servants' jobs seem less “efficient”, as Sanders also said, but transparency is in fact part of our government’s job. They work for us. 

Upholding the strength of this law is not a partisan issue. Pulaski and Saline County Republican Party Committees have publicly issued statements condemning Gov. Sanders’ attack on our Arkansas FOIA. Conservative Republicans, as well as more left-leaning legal professionals, have publicly spoken against this proposed amendment.

The people’s power – our democracy – dies in darkness. But the light of truth dispels such darkness. 

Our FOIA already has appropriate public information exemptions in place to protect the security, ongoing litigation and personnel matters of our public servants. Any further protections needed – we aren’t security experts either, Sarah – must be addressed through other means. The safety concerns may be legit, but this talking point is a red herring when it comes to Arkansas’s FOIA. 

This proposed amendment is, at least in part, an intimidation tactic against those with less power than our Governor but who have the audacity to look into her and other government office’s  spending habits. If passed, it would create new exemptions and could very well shield government officials committing the very questionable activity she is being accused of from being held accountable. This still holds true for the latest version made public after 9 p.m. last night (Sept. 11).

Yes, FOIA can be “weaponized” in a way. Arkansas FOIA Task Force member Jimmie Cavin of Conway has weaponized the FOIA process to, in his words, “enforce Gov. Sanders’ executive order on CRT.” He has bombarded Arkansas public school boards and school districts with dozens of FOIA requests on a weekly basis to see if he can find any perceived, so-far baseless violations. 

However, much of the time the truth simply is that some government offices aren’t properly equipped or well-manned enough to handle the case load. Again, weakening our democracy is not the solution to these problems. 

The party platform of Arkansas’ supermajority states that they “firmly support transparency and openness at every level of government. Those elected, appointed, and employed in government work for the taxpayers of this state and must provide public information when requested, in line with Arkansas’s Freedom of Information Act.” 

We all need to help hold our elected officials accountable and practice direct democracy when possible. Let’s all do what we can to protect our strong Arkansas FOIA by contacting lawmakers now. 

We have numerous ways we can let our voices be heard, here’s some: 

Finally, make sure to vote during election season if you’re eligible! 

To our elected officials, know that Arkansans will remember how you vote on this bill when we are in the voting booth. 

Panel Communications Coordinator Ashton Eley testifies against the FIOA exemptions bills Tuesday, Sept. 12.