PAC Finds City Did Not Violate FOIA in Denying Request for Storm Sewer Maps and Records and more...

PAC Finds City Did Not Violate FOIA in Denying Request for Storm Sewer Maps and Records

In its 9th binding opinion for 2026, the Illinois Attorney General's Public Access Counselor (PAC) found in favor of a public body in a FOIA appeal involving a request for storm sewer infrastructure maps and records. PAC Op. 26-009.

A requester submitted a request to a city water department asking for sewer and flood control maps, GIS mapping data, engineering schematics, and other maps detailing the exact locations of all surface water drainage infrastructure for a specified area in the city. The city denied the request, citing to section 7(1)(x) of FOIA which exempts the following from disclosure:

Maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility, by a power generator, or by the Illinois Power Agency.

The PAC agreed with the city that the FOIA exemption applied to the requested records, finding that the "plain language of section 7(1)(x) exempts, among other things, maps and other records regarding the location of gathering facilities owned by a utility." The PAC determined that the city's water department operated as a "utility" and that the infrastructure operated by the city that was the subject of the request qualified as "facilities" under the cited FOIA exemption. The PAC rejected the requester's argument that the city was required to demonstrate how release of the records would affect the security of the city's utility system, finding that records that reveal "the location" of utility facilities was enough to trigger the exemption without having to show a security concern, stating as follows:

Because section 7(1)(x) is worded disjunctively, however, it provides two independent bases for claiming the exemption: (1) the requested records regard the location of facilities owned by a utility or (2) the requested records regard the security of facilities owned by a utility.

In sum, the PAC determined that the requested records (consisting of atlases-detailed maps showing the location of sewers, storm mains, access points, and various other details of the city's water infrastructure and GIS mapping data detailing the location of stormwater gathering facilities) fall squarely within the types of records exempt under section 7(1)(x). As a result, the city did not violate FOIA in denying the request in its entirety.

Court Finds Appeal of Dismissal of FOIA Lawsuit Frivolous

An Illinois Appellate Court ruled in favor of a public body in a FOIA lawsuit, finding the appeal frivolous in Tidwell v. Illinois Department of Corrections.

A requester submitted a request to the Illinois Department of Corrections (IDOC) seeking the names of all medical personnel. IDOC denied the request, citing to a FOIA exemption that expressly exempts from release records requested by persons committed to the DOC or a county jail that include staff members' personnel files, staff rosters, or other staffing assignment information. The requester filed a lawsuit against IDOC. The circuit court dismissed his lawsuit, ruling in favor of IDOC. He then appealed to the Illinois Appellate Court.

The Appellate Court upheld the circuit court's dismissal of his lawsuit, finding that his appeal of the circuit court's decision was frivolous because he was aware of the specific exemption that prevented the disclosure of the information he requested.

City Did Not Violate FOIA in Denying Request for Records Maintained by Another Public Body

In response to a FOIA request seeking a court docket for a specific case, a city responded that it did not have any responsive records in its possession or custody, and directed the requester to contact the agency most likely to have responsive records (the county court system). After the requester sued the city alleging FOIA violations, the circuit court ruled in favor of the city, finding that the city did not violate FOIA when it did not produce records that were not in its possession.

After the requester appealed, an Illinois Appellate Court upheld the circuit court’s ruling in favor of the city. Tidwell v. City of Alton. The Appellate Court rejected the requester’s argument that the city could obtain the sought records by downloading them (from another agency’s website) and providing them to the requester, because FOIA does not require a public body to turn over records that the public body does not have and does not normally retain. Because a public body cannot improperly withhold records that it does not maintain, the Appellate Court determined that the city did not violate FOIA in response to the request.

Post Authored by Eugene Bolotnikov, Ancel Glink

No Violation of FOIA Where Records Not in Possession of Responding Public Body

An Illinois Appellate Court rejected an inmate's claims in a FOIA lawsuit against a sheriff's department in King v. Livingston County Sheriff's Office.

An inmate filed a FOIA request with a sheriff's office seeking records pertaining to racial profiling by a specific police officer. The sheriff's office responded that it had no responsive records because the officer was not employed by the sheriff's office but a city police department. The inmate sued, and the circuit court ruled in favor of the sheriff's office. On appeal, the Appellate Court also found no violation of FOIA in the sheriff's office's response, holding that the "nonexistence of requested documents is a cognizable affirmative defense" to a FOIA claim. In this case, the sheriff's office was not in possession of the requested record at the time of the request, so there was no FOIA violation in its response to the inmate's request.

Governor Signs Bill Requiring Libraries and Other Facilities to Post Suicide Hotline (9-8-8) Information

On August 7, 2026, Governor Pritzker signed Public Act 104-0808 into law, also referred to as Tammurra's Act (Act). The Act applies to various facilities and institutions, including libraries established under the Local Library Act and Public Library District Act of 1991, county shelter care homes, public institutions of higher education, and licensed day care centers. The Act takes effect on January 1, 2027.

The Act requires that contact information for the 9-8-8 National Suicide Prevention Lifeline be posted in these facilities “in a prominent location that is visible to and accessible by” patrons and users. The 9-8-8 Lifeline is a free, nationwide resource administered by the Substance Abuse and Mental Health Services Administration of the federal government (SAMHSA). While the Act does not specify what contact information must be posted, the 9-8-8 Lifeline allows individuals seeking assistance to call, text, or “chat” online.

The 9-8-8 Lifeline website (linked above) has many resources readers can consult, including FAQs, a glossary of terms, and information regarding services available to individuals. Notably, the website offers free print materials that include contact information for those seeking assistance.

Post Authored by Erin Monforti, Ancel Glink

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