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Michigan Freedom of Information Act
Transparency Is Not a Favor. It Is the Law.
Michigan’s FOIA, enacted in 1976, gives every person the right to inspect, copy, or receive public records held by state and local government bodies. That right does not depend on who you are, why you are asking, or whether the agency is comfortable with disclosure. It exists because secrecy erodes accountability, and accountability is the foundation of lawful government.
The Michigan Freedom of Information Act exists for a simple reason: in a free society, the people are entitled to know what their government is doing. FOIA is not a courtesy extended by public officials. It is a statutory command. When government records are created with public money and public authority, they belong to the public. And Michigan's FOIA statute is designed to ensure transparency and accountability in government by granting the public the right to access government records.
Outside Legal Counsel represents journalists, citizens, property owners, businesses, and advocacy groups who are told “no,” “not yet,” or “maybe later” when the law requires a prompt and lawful response.
What FOIA Covers
FOIA applies broadly to records prepared, owned, used, possessed, or retained by a public body in the performance of an official function. That includes emails, text messages, reports, contracts, invoices, internal memoranda, policies, databases, meeting minutes, and electronic records. If it exists and relates to public business, it is presumptively subject to disclosure unless a narrow statutory exemption applies.
The Problem: Delay, Costs, Deflection, and “Grant-and-Delay”
Many Michigan agencies do not openly refuse FOIA requests. Instead, they delay them or use extreme cost demands to put a wall to acceess. Requests sit unanswered. Deadlines are extended without justification. Fee estimates are inflated to discourage follow-through. Requests are “granted” in name but stalled in practice for months at a time. Michigan law sets clear timelines for a reason. Delay defeats disclosure just as effectively as denial. When agencies treat FOIA as optional or inconvenient, courts exist to enforce compliance. Our firm has seen this pattern across municipalities, counties, state departments, and quasi-governmental entities. It is not accidental. It persists because too few requesters challenge it.Making a Proper Michigan FOIA Request
Michigan FOIA does not require special language or a government-approved form. A valid request must be in writing and must describe the records sought with enough clarity that the public body can locate them. It should identify relevant departments, date ranges, or subject matter when possible. The requester must include contact information so the agency can respond or seek clarification.
While FOIA is designed to be accessible without a lawyer, poorly framed requests are often used as an excuse for delay or denial. Precision matters. The way a request is written can determine whether records are produced promptly or buried under procedural objections.
When FOIA Goes Wrong
A public body violates FOIA when it misses deadlines, refuses disclosure without lawful justification, charges improper or inflated fees, demands excessive deposits, or withholds records under exemptions that do not apply. Excessive redactions can be just as unlawful as outright denials. Silence, too, is a violation.Michigan's FOIA statute applies to:
- most state agencies and departments
- county and other local governments
- school boards
- many public boards, commissions, and councils
- public colleges and universities
Michigan law provides real remedies. Courts may order disclosure, reduce or eliminate fees, and require agencies to pay attorneys’ fees and costs when a requester prevails. FOIA enforcement is not symbolic. It has teeth.
Why Outside Legal Counsel
Outside Legal Counsel approaches FOIA as a civil-rights statute, not an administrative inconvenience. Transparency is not a side issue. It is the mechanism by which citizens monitor power. When government resists disclosure, the problem is rarely paperwork. It is accountability.
We do not merely send follow-up emails. We analyze statutory deadlines, exemption claims, fee calculations, and litigation posture from the outset. When necessary, we file suit to compel disclosure and recover costs. Our goal is not to “ask nicely.” It is to enforce the law as written.
If you were referred here after hearing about a delayed or stalled FOIA request, you are not alone. What you are experiencing is common, and it is not what the law allows. FOIA only works when people insist that it work.
If your request has been ignored, slow-walked, overcharged, or denied without explanation, we can help you assess next steps quickly. In many cases, the law requires the government—not the requester—to bear the financial consequences of noncompliance.
Take the Next Step
Access to public records is not radical. It is foundational. If a government agency is keeping you in the dark, that is precisely when FOIA matters most.
Contact Outside Legal Counsel for a confidential consultation regarding your Michigan FOIA request. We will tell you plainly where you stand and what enforcement looks like.