Lawsuit: State leaders are illegally withholding records on Tim Walz’s riot response

A government watchdog nonprofit is suing to compel the Minnesota Department of Public Safety to turn over records showing how state officials, including Gov. Tim Walz, responded to protests and rioting in 2020.

Public Record Media (PRM), a nonpartisan organization, filed a request for records of interviews conducted as part of an after-action assessment of the state’s handling of the civil unrest. Two years later, the state still hasn’t produced the records, according to the civil suit filed in Ramsey County District Court on Thursday, which alleges violation of public data law.

PRM member Matt Ehling said he hopes the lawsuit will spur more transparency about how Walz and others acted during a “consequential moment in Minnesota history,” as well as reveal why the state has stalled in responding to a “simple data request.”

“I can’t stress enough that we have seen these kinds of problems growing over time, especially in this administration,” said Ehling, speaking Friday to reporters at the State Capitol. He cited examples that he said show the Walz administration’s focus on “narrative control,” including other failures to provide public records related to state agencies.

“That’s why we bring these challenges in court,” Ehling said. “It’s important to make the point in a legal proceeding, where these agencies can actually be held accountable for their actions, that this is not acceptable.”

Since Vice President Kamala Harris chose him as her running mate, Walz has faced attacks from Republicans alleging he didn’t do enough to quell the unrest ignited by the police murder of George Floyd on May 25, 2020. The riots caused an estimated $500 million in damage to Twin Cities buildings, culminating on May 28 with the torching of the Third Precinct police station. Walz ultimately imposed a citywide curfew and deployed the Minnesota National Guard; the soldiers and other law enforcement snuffed out most of the violence by May 30.

In a statement, Walz spokesperson Claire Lancaster said the governor takes transparency seriously. “Our office has provided tens of thousands of pages of data and have added staff and technology to more quickly respond to data requests. We also have to carefully review these requests to ensure we comply with the law and protect employees’ personal information and sensitive government data.”

Howie Padilla, a spokesperson for the Department of Public Safety, said the office acknowledged the public interest in data related to the unrest. “DPS is actively working to review and process the data involved in this request. While we recognize that this process has taken longer than anticipated, it is critical to ensure that the information provided is accurate, complete and complies with all applicable laws.”

According to the lawsuit, on Aug. 18, 2022, PRM filed a request for data created as part of the state-contracted Wilder Foundation’s external review of the riots. The report concluded that a lack of “clear, experienced” leadership during the destruction bred confusion and delayed a coordinated response.

PRM, a nonprofit organization, asked for transcripts and audio recordings related to interviews with Walz and other high-ranking state officials.

The Wilder Foundation is a private organization, but Ehling said the work product related to the contract should be covered under the Minnesota Government Data Practices Act.

“Data sought by PRM often focuses on documenting governmental decisionmaking,” the civil complaint says. “When such data is received by PRM, it is made available to the public and the press so that government actions can be scrutinized and better understood.”

PRM sent follow-up requests for the records after Walz joined the Harris ticket. In several emails in mid-August, Kim Parker, general counsel for the Department of Public Safety, said the Wilder Foundation possesses the data, and not the state, according to the civil complaint.

The lawsuit says this response contradicts the terms of the contract, which say all documents related to the investigation must be returned to the state upon completion of the work.

PRM is asking a judge to order the state to comply with the request and to award monetary damages to the organization.