6155
S.C. Ct. App.Jul 29, 2026Background
- Glassmeyer and the Lottery Commission previously settled litigation over FOIA requests for the names and identifying information of million-dollar lottery winners. 1
- The settlement said Glassmeyer could resume FOIA requests after May 31, 2023, and the Lottery Commission would then provide winners' full names, cities, and states if no legislation intervened. 2
- Before the appropriations bill took effect, Glassmeyer sent new FOIA requests for winners' names, check copies, vendor records, and employee emails, believing the Commission was concealing embezzlement. 3
- The Lottery Commission partially denied request 1, redacted check signatures under FPPA, and denied the broad document requests as unduly burdensome and overly broad. 4
- The circuit court granted summary judgment for the Lottery Commission and denied Glassmeyer's Rule 59(e) motion. 5
- The court affirmed after cross-motions for summary judgment and a stipulated showing that the documents requests would require millions of dollars and thousands of hours to process. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether proviso 3.5 barred disclosure of lottery winners' names 7 | Glassmeyer said the settlement and FOIA required disclosure when request 1 was received. | Lottery Commission said proviso 3.5 controlled when it ruled on the request. | The Commission properly withheld the names because proviso 3.5 was effective when it issued its determination. 8 |
| Whether redacting check signatures violated FOIA 9 | Glassmeyer said FPPA did not require redaction of officials' signatures. | Lottery Commission said signatures were protected personal information under FPPA. | The signatures were properly redacted because privacy outweighed the public interest. 10 |
| Whether the documents requests were overly broad and unduly burdensome 11 | Glassmeyer said FOIA favors access and the court should not borrow discovery concepts. | Lottery Commission said the requests would require massive review, redaction, and cost. | The requests were properly rejected as overly broad and unduly burdensome. 12 |
Key Cases Cited
- Kitchen Planners, LLC v. Friedman, 440 S.C. 456 (S.C. 2023) (summary judgment reviewed under the genuine-issue-of-material-fact standard 13)
- Wiegand v. U.S. Auto. Ass'n, 391 S.C. 159 (S.C. 2011) (cross-motions for summary judgment concede the issue is decided as a matter of law 14)
- Hodges v. Rainey, 341 S.C. 79 (S.C. 2000) (statutory interpretation aims to effectuate legislative intent 15)
- Edwards v. State, 383 S.C. 82 (S.C. 2009) (agencies must comply with enacted law until invalidated 16)
- Pee Dee Stores, Inc. v. Doyle, 381 S.C. 234 (Ct. App. 2009) (settlement agreements are contracts 17)
- McGill v. Moore, 381 S.C. 179 (S.C. 2009) (contract interpretation turns on the parties' intent as expressed in the language 18)
- Morin v. Innegrity, LLC, 424 S.C. 559 (Ct. App. 2018) (impossibility excuses performance when the act cannot be accomplished 19)
- White v. J.M. Brown Amusement Co., 360 S.C. 366 (S.C. 2004) (courts will not enforce contracts requiring unlawful performance 20)
- Glassmeyer v. City of Columbia, 414 S.C. 213 (Ct. App. 2015) (FOIA/FPPA disputes require balancing privacy interests against the public's need to know 21)
- Sloan v. Greenville County, 380 S.C. 528 (Ct. App. 2009) (a case is moot only if judgment would have no practical legal effect 22)
