By Erica C. Barnett

Late last month, a King County Superior Court judge ruled that the Seattle Police Department’s policy of considering no more than one public disclosure request from the same person at a time, leaving subsequent requests in an indefinite “inactive” status, violates the state Public Disclosure Act.

The policy, called “grouping,” has been allowed in Seattle since 2017, when then-mayor Ed Murray and the City Council passed legislation aimed at preventing people from using bots to file dozens or hundreds of requests at a time.

In practice, SPD has been the only city department to deploy grouping on a mass scale, allowing the police to delay or deny disclosure for years by responding to every request by the same requester, in full, before even starting on subsequent requests. The Seattle Times sued to stop the practice, secured an agreement from SPD that they wouldn’t group requests from any requester that were more than eight weeks apart, and sued again when SPD failed to abide by their agreement. (PubliCola filed a declaration in support of the Times’ position).

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This week, SPD finally took action to comply with Superior Court Judge Sandra Widian’s ruling, sending notices with actual dates when the first (or next) installments of records will be available. PubliCola has nine outstanding requests with SPD, including some that SPD had been working on before they stopped responding to all our requests but one in November 2024; on Tuesday, SPD sent us new dates for all of our stalled requests. Each response said that SPD was providing these estimates “pursuant to a court order.”

SPD, of course, can push back these dates individually in the future, delaying disclosure in a way that appears more transparent than its previous practice of providing end-of-year “placeholder” dates for every request that move forward at the end of every year.

And in PubliCola’s case at least, SPD’s responses will still be far from timely: SPD now says they’ll provide new records for our oldest outstanding request, from June 2023, by July 2026, and we won’t see a single document from our most recent request, from December 2024, until June at the earliest. (That request, appropriately enough, is for correspondence between the public disclosure office and other records requesters about “grouping” in 2024). But perhaps it’s a sign of progress that SPD appears to be complying with this court order, so far. We’ll let you know in June.