A recent article in the Wyoming Law Review examines copy fee provisions in the U.S. Freedom of Information Act, Wyoming law, and Colorado law, concluding that vague laws allowing “reasonable” copy fees are prone to abuse by agencies.

The article, by Wyoming attorney Elizabeth Stephani, highlights Colorado’s stronger approach, which provides requesters with the first hour of staff time free when retrieving records and caps search time charges at $30 per hour. However, research suggests that even with specific fee provisions, agencies may still overcharge or use fees to discourage requests.

Given evidence from surveys and experiments showing that fees deter people from seeking records in the public interest, researchers question whether there should be copy fees at all, pointing to countries like Paraguay, which have eliminated them entirely.

Posted: August 14, 2025
Category: Brechner News
Tagged as: Brechner FOI Project, Brechner Freedom of Information Project, FOI, FOIA, open records laws, public records, Secrecy Tracker