Newark could face lawsuit over refusal to release data center documents

The City of Newark, Delaware, is facing a potential lawsuit from the state's Attorney General's Office after it refused to comply with a ruling that it violated the Freedom of Information Act (FOIA). The dispute stems from a request by citizen activist Amy Roe for minutes from closed-door city council meetings held in 2013 and 2014, which related to the controversial Data Centers LLC project proposed for the University of Delaware’s STAR Campus. Roe, who successfully led the opposition that ultimately halted the project, sought the documents to understand the city's handling of the past controversy.

City Solicitor Paul Bilodeau initially denied Roe's request, citing attorney-client privilege. However, Deputy Attorney General Dorey L. Cole ruled that the city's denial violated FOIA, stating that while attorney-client privilege is important, it does not permit indefinite withholding of minutes unless disclosure would defeat the lawful purpose of the executive session, a condition the city did not meet. Bilodeau has since informed the AG's office that Newark will not comply with the decision, arguing that the only way for the city to have a court review the matter is for the AG to file suit, as municipalities do not have the same appeal rights as state agencies under Delaware law.

Bilodeau maintains that the minutes contain sensitive information that could place the city at risk of future litigation or adversely affect its legal strategy. He offered to provide redacted minutes, but warned that "almost all of what is in minutes will end up being redacted." Roe expressed frustration over the stalemate and indicated her willingness to ask the Attorney General to sue the city on her behalf to obtain the unredacted documents, questioning the legality of the city's decision to defy the AG without public council direction. The outcome of Roe's request remains uncertain.