Sunshine Laws Cast a Dark Shadow on Democracy

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.