Hart v. Illinois State Police

Plaintiffs in consolidated actions filed complaints under the Freedom of Information Act seeking to compel production of documents related to their applications for firearm owners’ identification cards, including the plaintiffs’ FOID card applications and the ISP denial letters. The Illinois State Police had denied the FOIA requests on the basis that the documents were exempt from disclosure under section 7.4(v) of the Act. On motions for summary judgment, the circuit court held that ISP failed to carry its burden of demonstrating that the requested documents were exempt despite arguing it was prohibited from providing the documents pursuant to a permanent injunction. The appellate court affirmed, finding that by requesting their own records the plaintiffs had consented to the release of personal information and that the release of the documents was not barred by the injunction. (WELCH and WHARTON, concurring)