Texas officials are using the common-law privacy exception to withhold records, including emails between a governor and a wealthy businessman. Attorney Bill Aleshire criticized the demand for $244 to access these records, expressing disbelief at the claims of privacy surrounding such communications. A recent Texas Supreme Court ruling has complicated enforcement of public records laws against state officials, described by Aleshire as an "ace card" for politicians. Additionally, SpaceX's lawyer has argued that disclosing the emails could harm commercial interests.
Bill Aleshire, a Texas-based attorney specializing in public records law, was appalled that the governor is claiming that months of emails between his office and one of the world's richest people are all private. "Right now, it appears they've charged you $244 for records they have no intention of giving you," Aleshire said. "That is shocking."
Aleshire said it's not unusual for government agencies to tap the common-law privacy exception in an attempt to withhold records from the public. But he's used to it being cited in cases that involve children, medical data, or other highly personal information-not for emails between an elected official and a businessman.
Aleshire added that due to a recent Texas Supreme Court ruling, there is effectively no way to enforce public records laws against Abbott and other top state officials. He called the decision an "ace card" for these politicians.
Kevin Bagnall, a lawyer representing Musk's rocket company SpaceX, also wrote a letter to Paxton's office arguing the emails should be kept secret. He cited one main reason: They contain 'commercial information whose disclosure would cause SpaceX substantial competitive harm.'
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