Sunshine Laws Cast a Dark Shadow on Democracy

Authors

Elizabeth StephaniFollow

Document Type

Article

Subject Area

General Law Division

Abstract

A group of people keenly aware of government corruption and the consequences of concentrated power created the United States Constitution. Flowing from the Founders’ fear of another King, the U.S. Constitution designed public institutions to be accountable to the people through the separation of powers. While the separation of powers remains the bedrock of American democracy, laws like the Wyoming Public Records Act (Wyoming Sunshine Law) allow for harmful overlaps in government powers. This Article begins by assessing federal legal frameworks for open records requests incorporated in the Freedom of Information Act (FOIA). Next, the Article compares and contrasts Wyoming’s and Colorado’s transparency laws. Finally, the Article argues Wyoming’s Sunshine Law, which allows public officials to set “reasonable” procurement fees, undermines the separation of powers and reduces transparency.

DOI

10.59643/1942-9916.1523

Rights

Copyright © 2025 by the Wyoming Law Review unless otherwise noted. Except as otherwise provided, copies of any article may be made for classroom use, provided that: (1) Copies are distributed at or below cost; (2) The author and journal are identified; (3) Proper notice of copyright is affixed to each copy; and (4) The Wyoming Law Review is notified of the use.

Recommended Citation

Stephani, Elizabeth (2025) "Sunshine Laws Cast a Dark Shadow on Democracy," Wyoming Law Review: Vol. 25: No. 2, Article 4.
Available at: https://scholarship.law.uwyo.edu/wlr/vol25/iss2/4