Last night, CEI filed suit against the United States Department of the Interior and the National Park Service for failing to produce documents in response to two pairs of Freedom of Information Act requests. Those requests, sent to them way back on October 9, dealt with these agencies’ closures of private businesses and privately-run tourist attractions in the 2013 federal government shutdown, and also with their closures of public monuments and spaces, which are often open to the public even when no federal employee is on duty.
The agencies have neither produced documents, nor set an estimated date for when they will be produced, nor indicated how many documents they might produce or withhold, even though FOIA contains a 20-day deadline for an agency to comply with a FOIA request. They have not provided the basic information that FOIA requires within that deadline, such as telling us how many documents they expect to produce (or, if the documents are exempt from production, how many they will withhold under a valid FOIA exemption), even though that information is required under the appeals court ruling in C.R.E.W. v. F.E.C., 711 F.3d 180, 186 (D.C. Cir.2013).
During the shutdown in early October, these agencies closed down, or blocked access to, many private businesses that had apparently been allowed to operate in earlier shutdowns under prior Presidents (even as politically-connected businesses were allowed to remain open). After lawyers and legal commentators suggested that these closures of private businesses were illegal departures from past agency practice, I filed FOIA requests seeking to find out which officials were responsible for these improper closures, and how the decision to close them was made. Of all the agencies involved, the National Park Service was probably the worst offender, according to CEI’s Myron Ebell. A judge later ruled against the National Park Service’s closure of a state park used by children, and against the U.S. Forest Service’s suspension of timber operations.
The Obama administration’s behavior during the shutdown was controversial, to say the least. As part of the so-called “shutdown” (which did not actually shut down most of the government – most federal workers kept working), it shut down tourist attractions — even when doing so cost the government more money than leaving them open. It rented costly barricades to keep people out of open-air outdoor monuments that don’t need to be manned, and are typically open even when unstaffed (like the World War II Memorial).
And it sent Park Police to drive people out of privately-run tourist attractions on public land, like the Claude Moore Colonial Farm, endangering tourism-related jobs in the process. On October 2, PJ Media’s Bryan Preston reported that the federal government was “ordering hundreds of privately run, private funded parks to close,” using the government shutdown as an excuse.