Tooles contends that denying such fees could embolden government agencies to deny FOIA requests, knowing that requesters may drop cases due to high legal costs. “The threat of attorney fees is an important deterrent,” Tooles argued in its petition.
The road commission, however, described Tooles’ actions as “gamesmanship” and insisted the awarded fees were fair given the circumstances.
Broader Implications
The case presents an opportunity for the Michigan Supreme Court to clarify how FOIA’s fee-shifting provisions apply when disputes extend beyond document production. Advocates for open government suggest a ruling in Tooles’ favor could strengthen FOIA enforcement by ensuring plaintiffs are not discouraged from pursuing valid claims.
