Fagel v. Department of Transportation, 991 N.E.2d 365

Fagel FOIA request to IDOT for Red Light Running Camera data in Excel format; requested unlocked, sortable data and metadata.
IDOT provided a locked Excel spreadsheet and a hard copy, claiming format complied with FOIA; locked format prevented manipulation.
Public Access Counselor (PAC) inquiry concluded IDOT fully complied in a nonbinding opinion; PAC later clarified FOIA may not require an unlocked format.
Fagel filed circuit court action under FOIA §11 to compel unlocked access and recover fees; IDOT moved to dismiss under §2-615.
Circuit court granted judgment on the pleadings for Fagel and awarded fees; IDOT’s motion to dismiss denied; later fee orders varied, final award was $12,561.25.
On appeal, issue is whether FOIA requires unlocked Excel data; court holds unlocked is required and fees are recoverable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether IDOT must provide an unlocked Excel spreadsheet under FOIA.	Fagel; unlocked version regularly maintained, feasible to produce, no exemptions apply.	Fagel; locked format is compliant since data is the same and format was maintained; exemptions apply	Unlocked version required; circuit court affirmed judgment and fees.

WIREdata, Inc. v. Village of Sussex, 751 N.W.2d 736 (Wis. 2008) (open records held in unlocked format may be required; enhanced format not compelled)
Pritza v. Village of Lansing, 405 Ill. App. 3d 634 (2010) (cannot legislate beyond plain statutory language; exemptions not created)
Watkins v. McCarthy, 2012 IL App (1st) 100632 (Ill. App. 1st 2012) (FOIA purpose to promote transparency; exemptions limited)
Illinois Tool Works, Inc. v. Commerce & Industry Insurance Co., 2011 IL App (1st) 093084 (Ill. App. 1st 2011) (judgment on pleadings standard; de novo review)
Katz v. Village of Downers Grove, 406 Ill. App. 3d 435 (Ill. App. 1st 2010) (interpret statutory language; avoid creating exemptions)