Statute Annotations › Virginia › Va. Code Ann. § 2.2-3700

Va. Code Ann. § 2.2-3700

Virginia Freedom of Information Act: the cases that interpreted this section

Jurisdiction
Virginia
Case notes
12
Cited in passing
26
Citing cases indexed
51
Case dates
2004–2017
Screened through
2023-09-11
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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).
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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.

Chavez v. Manger, the court merely recites § 2.2-3700's general disclosure policy while discussing the case; it does not construe or apply that provision. The decision rests on other FOIA exemptions and the petitioner's incarcerated status. opinion →
Burton v. Mann, the court quotes § 2.2-3700 for FOIA's general public-access policy, but the holding adopts response requirements and applies the public-records definition under other FOIA provisions, chiefly §§ 2.2-3701 and 2.2-3704. opinion →
Giarratano v. Johnson, section 2.2-3700 is mentioned only as part of a range citation describing VFOIA generally. The court's actual analysis and holding concern the prisoner exclusion in § 2.2-3703(C), not the meaning or application of § 2.2-3700. opinion →
McBurney v. Cuccinelli, section 2.2-3700 appears only in an introductory string citation describing the VFOIA generally. The court's constitutional analysis and ruling concerned the citizens-only access provision in § 2.2-3704, not § 2.2-3700. opinion →
McBurney v. Cuccinelli, the court mentioned § 2.2-3700 only as part of a range citation identifying the VFOIA. It did not construe or decide anything about that section; its rulings concerned sovereign immunity, standing, and constitutional claims involving other provisions of the Act. opinion →
Roger Hurlbert and Sage Information Services v. Mark Matkovich and Sallie Robinson, the concurrence mentions Virginia’s FOIA statute only as a comparative example and reports the United States Supreme Court’s decision upholding it; this court does not construe or decide anything about Va. Code Ann. § 2.2-3700. opinion →
Melby v. Morgan, the court cites § 2.2-3700 et seq. only to identify the Virginia Freedom of Information Act in describing Melby's claim. It does not construe or apply § 2.2-3700; its analysis instead addresses §§ 2.2-3704, 2.2-3713, and 2.2-3703(C). opinion →
Virginian-Pilot Media Cos., L.L.C. v. City of Norfolk School Board, the court states FOIA’s general policy under § 2.2-3700 but construes and applies other exemptions, chiefly § 2.2-3705.1; it does not decide an issue about § 2.2-3700 itself. opinion →
The Voice v. Appalachian Regional Community Services, Inc., the court cites § 2.2-3700 for FOIA’s general policy while interpreting the definition of “public body” under § 2.2-3701; it does not construe or apply § 2.2-3700 itself. opinion →
Richards v. Fentress County Sheriff's Office, the court quotes another court’s discussion of the Virginia Freedom of Information Act while deciding a case involving Tennessee records requests. opinion →
Globe Newspaper Co. v. Commonwealth, the court cites § 2.2-3700 only as the first section in the Act’s range and decides the public-record and inspection rules under other sections. opinion →
McChrystal v. Fairfax County Board of Supervisors, the court cites § 2.2-3700(B) for the Act’s general disclosure policy while deciding whether an exclusion under § 2.2-3705.3(3) applies. opinion →
Cartwright v. Commonwealth Transportation Comm'r, the court cites § 2.2-3700(B) for the FOIA’s purpose while deciding the mandamus remedy under § 2.2-3713. opinion →
Bland v. Virginia State University, the court cites § 2.2-3700 to identify the Virginia Freedom of Information Act and decides whether the trial court improperly excluded reports from the appellate record. opinion →
Giarratano v. Johnson, the court decides the prisoner exclusion in Va. Code Ann. § 2.2-3703(C), while § 2.2-3700 appears only in a citation to the VFOIA. opinion →
Davis v. City of Chesapeake, the court quotes the section as FOIA’s general policy while deciding exemptions and charges under other provisions. opinion →
BZA of Fairfax County v. BOARD OF SUP'RS, the court mentions the Act while recounting the county’s policy on providing counsel to the BZA. opinion →
Renna v. County of Union, the court lists Virginia’s Freedom of Information Act as background while deciding requirements under New Jersey law. opinion →
Times-World Corp. v. City of Radford, the court cites § 2.2-3700 et seq. for FOIA’s general interpretive rule while deciding whether the personnel-records exemption covers the requests. opinion →
Town of Saltville v. Surber, the court cites § 2.2-3700 as the starting point for the Act but applies § 2.2-3701’s definition of public records to decide which communications must be disclosed. opinion →
Hill v. Fairfax County School Bd., the court cites § 2.2-3700 as the start of the FOIA while deciding the rules in other sections. opinion →
McBurney v. Young, the Court cites the section for the Act’s stated purpose while deciding a constitutional challenge to its separate citizens-only provision. opinion →
Tianti v. Rohrer, the court cites § 2.2-3700 as the start of a reference to VFOIA while deciding whether the Act’s exemptions justify sealing judicial records. opinion →
Fairfax County School Board v. Judicial Watch, Inc., the court cites the section only as the starting point for the Virginia Freedom of Information Act provisions it applies. opinion →
Schoenefeld v. Schneiderman, the court cites the section only as the statutory source of Virginia FOIA’s policy in describing McBurney’s analysis. opinion →
Bragg v. Bd. of Supervisors of Rappahannock Cnty., the court cited § 2.2-3700 to identify FOIA but decided whether the petition satisfied § 2.2-3713(A). opinion →

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