Va. Code Ann. § 2.2-3700
Virginia Freedom of Information Act: the cases that interpreted this section
38 citing cases reviewed of 51 in the citation index: 12 interpreted the section (annotated below), 26 cited it only in passing. Cases filed after 2023-09-11 may not have been reviewed yet.
Have a situation under Va. Code Ann. § 2.2-3700?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Purpose and policy
Section 2.2-3700(B)’s liberal-construction directive does not override an express statutory designation of court-record custodians.
Daily Press, LLC v. Office of the Exec. Sec'y of the Supreme Court of Va. · filed 2017-06-29(B)
Finally, The Daily Press cites the provisions of Code § 2.2-3700, which call for the provisions of VFOIA to be “liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government.” Code § 2.1-3700(B). The liberal construction of a statute is one thing. Substituting our judgment for what the General Assembly has expressed would be another. The General Assembly has expressly designated the clerks as the custodians of court records.Read the full opinion on CourtListener →
Section 2.2-3700(B) states that Virginia's Freedom of Information Act is intended to give Virginia citizens access to public records so government is not conducted in secrecy, and it does not discriminate against interstate commerce.
McBurney v. Young · filed 2012-02-01(B)
The object of the VFOIA is to provide a mechanism for access and copying of public records to Virginia citizens to reflect that "[t]he affairs of government are not . . . conducted in an atmosphere of secrecy . . . ." Va. Code Ann. § 2.2-3700(B), para. 1. The VFOIA is wholly silent as to commerce or economic interests, both in and out of Virginia. Therefore, the VFOIA does not facially, or in its effect, discriminate against interstate commerce or out-of-state economic interests.Read the full opinion on CourtListener →
Section 2.2-3700(B) serves the purpose of holding government officials accountable and preventing secrecy rather than protecting in-state business.
McBurney v. Nathaniel Young et seq. · filed 2011-01-21(B)
The statute’s purpose is not to protect in-state business, but, instead, is to hold government officials accountable and prevent secrecy in government.Read the full opinion on CourtListener →
Section 2.2-3700(B)’s direction to construe FOIA liberally does not permit courts to rewrite its provisions to include members-elect as members.
Beck v. Shelton · filed 2004-03-05(B)
Finally, Shelton argues that the statutory admonition of "liberal construction" found in the policy statement of Code § 2.2-3700(B) justifies extending the term "members" in Code § 2.2-3701 to include "members-elect." We do not believe that the legislature was inviting the judiciary, under the guise of "liberal construction," to rewrite the provisions of FOIA as we deem proper or advisable.Read the full opinion on CourtListener →
Section 2.2-3700 requires liberal construction of the Virginia Freedom of Information Act and narrow construction of its exemptions.
Media General Operations, Inc. v. City Council · filed 2004-05-05
The General Assembly has said that the Act shall be liberally construed and that exemptions shall be narrowly construed. Va. Code § 2.2-3700.Read the full opinion on CourtListener →
Section 2.2-3700(B) requires liberal construction to promote awareness of government activities and narrowly construe exemptions from public access.
Fenter v. Norfolk Airport Authority · filed 2007-09-14(B)
The Act further provides, in Code § 2.2-3700(B), that its provisions shall be liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government. Any exemption from public access to records or meetings shall be narrowly construed and no record shall be withheld or meeting closed to the public unless specifically made exempt pursuant to [the Act] or other specific provision of law.Read the full opinion on CourtListener →
Section 2.2-3700(B) requires liberal construction of the Virginia Freedom of Information Act; other disclosure statutes do not, by themselves, exempt a public body from the Act.
Christian v. STATE CORP. COM'N · filed 2011-11-04(B)
The VFOIA serves as a blanket provision from which public bodies may claim statutory exceptions. See Code §§ 2.2-3700(B), 2.2-3713(E). ... Because of the mandated principles of statutory construction noted above, the existence of some parallel or even contradictory statutes applicable to the SCC does not suffice as proof that the VFOIA is inapplicable to the SCC as a whole.Read the full opinion on CourtListener →
Section 2.2-3700(B) requires liberal construction to promote public awareness and narrow construction of exemptions in favor of disclosure.
Department of Corrections v. Surovell · filed 2015-09-17(B)
By its own terms, the statute puts the interpretative thumb on the scale in favor of disclosure: “The provisions of [VFOIA] shall be liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government.” Code § 2.2-3700(B). Disclosure exemptions must be “narrowly construed” in favor of disclosure. Id.Read the full opinion on CourtListener →
Section 2.2-3700(B) states that the Virginia Freedom of Information Act promotes public access to meetings where public business is conducted.
Moody v. City of Portsmouth · filed 2016-06-24(B)
The General Assembly passed the Freedom of Information Act to promote “free entry to meetings of public bodies wherein the business of the people is being conducted.” Va. Code § 2.2-3700(B).Read the full opinion on CourtListener →
Open meetings; exemptions narrowly construed
Section 2.2-3700(B) requires public meetings to remain open unless a specific statutory exemption applies, with FOIA construed liberally and exemptions construed narrowly.
Denton v. City Council of Hopewell · filed 2015-12-21(B)
Under the Freedom of Information Act (“FOIA”), no meeting of a public body may be closed to the public unless specifically exempted under the statute.Read the full opinion on CourtListener →
Exemptions from public access to records or meetings must be narrowly construed; records must be produced unless exempt.
Hill v. Fairfax County School Board · filed 2011-07-13
Section 2.2-3700 further supports this idea by stating, “Any exemption from public access to records or meetings shall be narrowly construed,” implying that, to be within the law, records must be either produced or exempt.Read the full opinion on CourtListener →
Section 2.2-3700(B) requires exemptions from public access to meetings to be narrowly construed.
White Dog Pub. v. Culpeper County Bd. · filed 2006-09-15(B)
Such an expansive interpretation of Code § 2.2-3711(A)(30) would be inconsistent with the General Assembly’s directive that an exemption to FOIA’s requirement of open meetings be narrowly construed. Code § 2.2-3700(B).Read the full opinion on CourtListener →
26 more cases cited this section only in passing
These cases mention the section without interpreting it (a string cite, a footnote, background). Listed so you can see the full citation record, not just the annotated rulings.
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