Wilmington, DE— Last week the ACLU of Delaware filed an appeal after the Department of Justice (DOJ) recently denied a Freedom of Information Act (FOIA) request concerning two activists who have reason to believe the agency has been planning retaliatory action against them for prior protests.
In 2021, both activists were involved in protesting Delaware politicians and DOJ employees following the police killing of Lymond Moses. ACLU-DE represented them after the DOJ initiated proceedings against the activists, ultimately leading to a settlement.
Earlier this year, the activists posted on Facebook about their intentions to attend the ACLU of Delaware’s June town hall event with Attorney General Kathy Jennings. Although they were unable to attend the event, they later heard from friends that Wilmington Police Department (WPD) officers were present who stated that their attendance was specifically to prevent the activists from causing a “disturbance.”
One of the activists submitted a FOIA request to DOJ in an attempt to verify this information. They requested information about communications between DOJ and WPD that referenced either their names or the event they planned to attend. DOJ denied the request with limited explanation and improper citing of FOIA exemptions.
“Not only does DOJ’s FOIA denial interfere with public access to information, it suggests a concerning possibility of retaliation against individuals who have legally exercised their First Amendment rights,” stated ACLU-DE attorney Andrew Bernstein.
