Edgar County Watchdogs v. Will County Sheriff’s Office

Illinois Appellate Court
Civil Court
Freedom of Information Act
Citation
Case Number: 
2023 IL App (3d) 210058
Decision Date: 
Wednesday, June 21, 2023
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed.
Justice: 
PETERSON

Plaintiff filed a lawsuit seeking equitable relief under the Freedom of Information Act. The parties filed cross-motions for summary judgment, and the trial court entered summary judgment in favor of the plaintiff regarding requests for disclosure of certain 911 recordings. Defendant appealed, arguing that the 911 recordings were exempt from disclosure, or, in the alternative, that the trial court erred when it required the defendant to either produce the recordings using computer software to mask the caller’s voice or to create transcripts of the calls. The appellate court reversed, finding that while there is no blanket rule against disclosure of of 911 calls, the calls are exempt from disclosure where they disclose the identity of the callers. The appellate court then explained that the defendant was not required to create new records either by using voice-altering software or providing a transcript and, as a result, the recordings were only available in a form that was exempt from disclosure. (ALBRECHT, concurring and McDADE, concurring in part and dissenting in part)