Satanic Temple (Office of the Governor - Iowa)

To Whom It May Concern:

Pursuant to the Iowa Open Records Law, I hereby request the following records:

I am requesting access to documents and records pertaining to the Satanic Temple's holiday display at the Iowa State Capitol: https://who13.com/news/iowa-lawmaker-calls-for-gov-reynolds-to-remove-satanic-temple-display-at-state-capitol/

Specifically, I am interested in:

- Any communications, memos, emails, or letters regarding the display, as well as attachments
- Any photos or media of the display
- Any complaints about the display
- Any communications, memos, emails, or letters between the agency and members of the Satanic Temple
- Any communications that mention "Satanic Temple"
- The application and approval process documents related to the Satanic Temple's display.
- Any internal guidelines or policies referenced in the decision to permit the display.

For all of these please search between October 1, 2023 and the time this request is processed. These documents are being used for reporting by 404 Media, an independent journalism outlet: 404media.co

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Jason Koebler

Hello, following up here to confirm receipt. Thank you.

Hello,

I am writing to formally appeal the redactions regarding my public records request dated #R326 pertaining to the Satanic Temple.

The response to my request, dated, included redactions and withholdings based on claims of confidentiality and/or privilege, specifically citing attorney-client privilege/attorney work product, executive privilege, and Iowa Code section 22.7(18). While I recognize the importance of these considerations, I question the applicability of these exemptions in this case for the following reasons:

Executive Privilege: It has not been established by law that an executive privilege exists in Iowa. This is evidenced by the Supreme Court rejecting Gov. Reynolds' argument to dismiss a public records suit against her. This precedent questions the validity of redactions made under the claim of executive privilege in my request. The referenced case clearly illustrates that transparency is paramount, and exceptions to public records laws must be narrowly construed. https://www.desmoinesregister.com/story/news/politics/2023/06/21/iowa-gov-kim-reynolds-settles-open-records-lawsuits-175000-after-supreme-court-decision-aclu/70343152007/
https://www.bleedingheartland.com/2023/04/14/iowa-supreme-court-rejects-governors-attempt-to-dismiss-open-records-claims/
https://www.iowacourts.gov/courtcases/16905/embed/SupremeCourtOpinion

Attorney-Client Privilege and Work Product: While these exemptions are recognized, this should only pertain to specific advice from attorneys. Simply CCing an attorney is not enough justification to redact, and I question why the documents needed to be redacted in full.

Iowa Code section 22.7(18): While certain exemptions under this section may apply, it is imperative that each redaction be clearly justified and that the public interest in transparency and accountability be carefully weighed against the reasons for confidentiality. The Iowa Attorney General's Sunshine Advisories stipulate that records should not be withheld if they contain confidential information unless specifically exempted by law. This guidance suggests a more detailed justification is required for redacting information under these privileges, particularly when public interest is at stake.

https://www.iowaattorneygeneral.gov/about-us/sunshine-advisories/should-a-record-be-withheld-from-the-public-if-it-contains-confidential-information/

Given these considerations, I respectfully request a review of the decision to redact and withhold parts of the records. In light of the Iowa Supreme Court's stance on executive privilege and guidance from the Iowa Attorney General, I ask that the agency reconsider the applicability of these exemptions to the information requested. Furthermore, I request a detailed explanation for each redaction, including how it specifically falls under the cited exemptions, considering the legal precedents and guidance mentioned.

I appreciate your attention to this appeal and trust that you will review this matter thoroughly.

Jason