Since June 2021, Streetsblog has submitted at least 33 FOIL requests to DOT to which the Department has responded in the same way: "Due to the volume of FOIL requests which DOT receives per year ... we expect to provide you with a response on or about the date indicated above." This uniform response raises concerns regarding the DOT's adherence to FOIL regulations and transparency.
According to the lawsuit, out of 21,298 information requests submitted to DOT between June 2021 and August 2024, 98 percent of the requests suffered a delay of longer than 170 days. The average time frame between the initial request and DOT's predicted date of response was more than 182 days, reflecting systemic issues within the agency.
These 'across-the-board, six-month-long delays violate both the spirit of FOIL and its text, as the boilerplate delays are not 'reasonable under the circumstances of the request,' argued the filing by the Cornell Law School First Amendment Clinic, which is representing Streetsblog in the case. The law assumes that most requests will be completed within 20 business days.
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