In a decision issued on October  4, 2016, the GRC departed from its precedent of the past 14 years and ruled that only New Jersey citizens are permitted to make OPRA requests. Scheeler v. Burlington Tp. (2015-93).

The GRC primarily relied on a few recent trial court opinions that determined that the Legislature intended, in enacting OPRA, to prohibit those from outside the state from obtaining New Jersey government records. As I’ve discussed previously, I think this result is both wrong as a matter of law and unenforceable in practice.

In any event, the question of whether non-citizens may make OPRA requests is now before the Appellate Division, so by next year, when the court renders its opinion, the GRC’s position on the issue will no longer matter.