Wisconsin Appeals Court Rules State Assembly Violated Open Records Law

Friday, March 10th, 2023 -- 1:00 PM

(AP) A Wisconsin appeals court ruled Thursday that the state Assembly violated the open records law when it initially rejected, then fulfilled with redactions, documents sought by The Associated Press and three other media outlets related to sexual harassment allegations against a former legislator.

The AP, the Wisconsin State Journal, The Capital Times and the Milwaukee Journal Sentinel sued in March 2020 after their open records requests seeking copies of the complaint against then-state Rep. Staush Gruszynski and other related documents were denied by the clerk of the Assembly.

The 4th District Court of Appeals on Thursday upheld a lower court’s ruling from 2021 in favor of the AP and others. The appeals court agreed with a circuit court’s ruling that Assembly leaders misapplied a balancing test, erroneously finding that the complainant’s privacy outweighed the public’s interest in the documents.

The appeals court also found that the Assembly violated the open records law by redacting certain information when it released the requested records eight months after denying the request. The court said the media outlets were entitled to attorneys’ fees. Assembly leaders could ask the state Supreme Court to review the case.

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