Veteran journalist Bill Lueders has been fighting for open and transparent government in Wisconsin for more than 30 years. In late September his efforts were recognized as he was one of “four heroes of the 50 states” inducted into the National Freedom of Information Coalition’s State Open Government Hall of Fame.
The honor recognizes the “long and steady effort to preserve and protect the free flow of information about state and local government that is vital to the public in a democracy.”
Lueders, editor of The Progressive magazine and former longtime news editor of Isthmus, has been president of the Wisconsin Freedom of Information Council since 2004. He got involved with the council in the early 1990s when Isthmus filed a lawsuit seeking the release of complaints filed against Madison police officers by members of the public. Former Dane County Judge Sarah O’Brien held that Isthmus was entitled to those records. Soon after that, Isthmus, along with the Wisconsin State Journal and Capital Times, filed a separate lawsuit seeking the release of complaints filed against police by other officers. Former Dane County Judge Mark Frankel “mostly agreed” those records had to be provided, recalls Lueders.
At that point, Dave Zweifel, editor of the Capital Times, invited Lueders to a meeting of the Wisconsin Freedom of Information Council. Lueders says it was years before anyone asked him to actually become a member and pay dues.
He estimates that he puts at least an hour a day into the volunteer post of president of FOIC, and lists two duties as his most important investments of time. “I will answer questions from journalists and members of the public if they are trying to get records or get into a meeting,” he says. “And I also provide quotes for reporters who are looking for perspective on an issue.”
Lueders emphasizes that he does not speak as an attorney when called on for comment or advice. “I’m just an advocate for openness to the extent that I can be. I’m not necessarily telling them what the law will allow; I am arguing for the maximum amount of transparency.”
In recent years, Lueders says that there has been more of an assertion of privacy rights over records access, including in cases where public employees have been accused of misconduct. State lawmakers have also tried to argue that constituents who contact them should be allowed to do so anonymously. A state appeals court ruled in 2014 that state Sen. Jon Erpenbach had to release unredacted emails received from the public.
Some lawmakers have also resorted to destroying public records rather than releasing them; they, alone among public employees, are exempt from the state’s record retention law. “It is unfortunate,” says Lueders. “I think it is already being used abusively. I think it’s only a matter of time before it’s used criminally. It will probably take a scandal. I’m fairly confident that will come along. You can’t give that kind of power to people and not expect them to misuse it.”
Lueders says that one of the things he is most proud of is that the work of the council is nonpartisan and that its membership includes both conservative- and liberal-leaning individuals. “I’m pleased this is one of the few areas of life where there is bipartisan and broad ideological support for an ideal of transparency.”
Attorney Christa Westerberg, who is co-vice president of the Wisconsin Freedom of Information Council, praised Lueders’ leadership in a news release announcing his election to the national hall of fame.
“In our hyper-partisan environment, Bill is even-handed in his praise and scorn for public officials on matters of open government, regardless of political party and Bill’s personal orientation as editor of The Progressive,” Westerberg said. “Bill’s opinion matters, and politicians can count on Bill to publicly ‘call it as he sees it,’ no matter their views on other issues.”
