The development corporation's senior vice president of communications, A.J. Carter, would not comment on the matter. “It’s something we’ll respond to in the proper forum, which is in court,” Carter said.
In her decision, Kornreich enumerated exceptions to the inter- or intra-agency exemption. “A document that has been disclosed to a third party, outside of the agency or agencies, generally is not covered by the agency exemption,” she wrote.
The judge denied the validity of ESDC’s claim that there was a “Chinese wall," or ethical barrier, between the consultant’s work for Columbia and for ESDC. But ESDC’s appeal of the Tuck-It-Away decision maintains that “despite its role in the City’s environmental review process, AKRF is not Columbia’s advocate and thus does not represent its own or Columbia’s interest.”
“We’re saying no, Columbia hired AKRF for multiple services and representation in connection with the project,” says attorney van Buren.
Kornreich agreed, writing, "The rationale for the consultant exception falls apart where the consultant acts “in their own interest or on the behalf of any interest or on behalf of any person or group whose interest might be affected by the Government action addressed by the consultant," quoting Department of the Interior et al. v. Klamath Water Users Protective Association, a Supreme Court case that formed the basis of her decision.
“Any doubts about the neutrality of AKRF must be resolved in favor of disclosure,” read the decision.
Bob Freeman, executive director of New York state’s Committee on Open Government, thought Kornreich made the right call. "The reasoning seems to be appropriate,” said Freeman, though he found it odd that the judge cited federal Freedom of Information law as precedent when there are state laws she could have relied on. It's an interesting case but not necessarily a groundbreaking one, he said.
Siegel thinks this could play a part in changing the tenor of the city's frequent land-use fights, however. Development projects are too often a David and Goliath matter, he said. “The playing field is not even. What FOIL does, it gives the David a slingshot with regards to getting information that the community’s entitled to.”
