Delaware Records Act Ruled Unconstitutional

[Syrinx]

WILMINGTON, Del., May 15 - A federal judge has ruled that Delaware's
Freedom of Information Act is unconstitutional because it denies
nonresidents access to public records in the state, which is the legal
home of many major companies.

In a 2003 lawsuit against Delaware's governor and attorney general,
Matthew Lee, who lives in New York City, said that the act curtailed
his ability as a consumer advocate and writer to provide "full, fair
and robust reporting on matters of national interest."

In a 23-page opinion released last Friday, Judge Joseph J. Farnan Jr.
of the United States District Court in Delaware said that he could not
see why the law should distinguish between residents and nonresidents.
He noted that the state's own lawyer had argued that one of the goals
of the Freedom of Information Act was to strengthen the bond between
citizens and government by ensuring transparency and accountability.

The judge wrote that consumer advocates and journalists like Mr. Lee
were "particularly suited to advancing the goals of transparency and
accountability, whether they are Delaware citizens or not."

http://www.nytimes.com/2005/05/16/business/16delaware.html

[punpirate]

1. Of course...

... not mentioned in the article is that if the law has been struck down by federal judge, there is no open records law now in Delaware--and won't be until the state wins on appeal or its legislature enacts replacement legislation.

And, let's ignore for the moment, given the ruling, that very few of the thousands of corporations with Delaware incorporation are headquartered in Delaware, or have significant operations there. If that were a requirement, Delaware wouldn't be nearly so popular with corporations as a site of incorporation....

[DulceDecorum]

3. All four 911 planes were owned by Delaware Trust companies

United Airlines is suing to find out who owned those planes and American Airlines gave up the ghost after the owners both had each separtate Delaware Corp file with the FAA claiming that both AA planes were destroyed on Jan 14, 2002 and should therefore be removed from the FAA civil aviation registry.
The United Airlines planes are still registered and one of them, the one that is supposed to have crashed in Shanksvile, has been seen at Chicago O'Hare.
Those Delaware records could get real interesting.

And don't you dare say anything about tinfoil,
or Downing Street memos,
while I sit here chewing a pretzel and ogling the nekkid man in the White House.

[LiviaOlivia]

2. And the truth shall set you free..

Bravo Judge Farnan. Let's hope the Delaware Legislature loves all of America.