Upper Seven Law v. Gianforte
The United States requires states and other grant applicants to complete Form SF-424 in conjunction with federal grant applications. Applicants must certify compliance with certain standards—usually including an assurance that the recipient will comply with federal anti-discrimination laws and standards.
We believe that in August 2023, the Governor’s General Counsel instructed Montana agencies not to check the box on SF-424 forms assuring nondiscrimination in the distribution of federal funds.
On August 25, Upper Seven Law requested that correspondence. Both the Governor and the Department of Public Health and Human Services categorically denied the request and invoked executive privilege. On October 17, 2023, Upper Seven Law sued the Governor for violating the Montana Constitution’s right to know.
Filings / Press
Complaint (Oct. 17, 2023)
State's Answer (Jan. 5, 2024)
Alex Sakariassen, Gianforte, state health department sued over refusal to release public documents, Montana Free Press (Oct. 17, 2023)
Sam Wilson, Public records Lawsuit targets gov's office correspondence, Helena Independent Record (Oct. 17, 2023)
DPHHS, Gianforte sued for blocking release of public records, NBC Montana (Oct. 17, 2023)
John Hooks, Helena law firm sues Gianforte and the director of the Department of Health and Human Services, Montana Public Radio (Oct. 18, 2023)
Motion for Summary Judgment (Jan. 19, 2024)
Brief in Support of Motion for Summary Judgment (Jan. 19, 2024)