Written by: Michael Phillips
AUGUSTA COUNTY, VIRGINIA – The legal battle over Augusta County’s secret Board of Supervisors meeting recording is set to enter a new phase, as the Virginia Court of Appeals has scheduled oral arguments for April 16, 2025, in Lexington.
This latest development follows the appellate court’s recent order compelling the Augusta County Circuit Court to turn over the disputed closed-session recordings, which Breaking Through Media LLC has been fighting to obtain under Virginia’s Freedom of Information Act (FOIA). The case centers on allegations that the Board of Supervisors improperly discussed the resignation of a county official behind closed doors, violating state transparency laws.
With oral arguments now officially on the calendar, the Court of Appeals will hear from both Breaking Through Media and Augusta County officials as it considers whether the recordings should be released to the public. The decision to hold oral arguments underscores the significance of the case, which could set an important precedent for government accountability in Virginia.
A Pivotal Hearing for Transparency Advocates
Breaking Through Media editor Samuel Orlando, who has been at the forefront of the lawsuit, welcomed the court’s decision to hold oral arguments.
"This is another step forward in the fight for government transparency," Orlando said. "The appellate court’s decision to personally review the recordings—and now schedule oral arguments—shows that they understand the gravity of this case."
Oral arguments will give both sides the opportunity to directly address the judges, respond to questions, and clarify their legal positions. For Augusta County, the hearing represents another attempt to justify its refusal to release the recordings, despite previous rulings and mounting public pressure.
What’s at Stake?
The April 16 hearing could determine whether the recordings ultimately become public, shedding light on what Augusta County officials discussed during their March 20, 2023, closed-session meeting. The appellate court’s demand for the recordings suggests a willingness to take a closer, independent look at the county’s secrecy claims—raising the stakes for both sides.
If the court rules in favor of Breaking Through Media, the case could reinforce FOIA protections across Virginia, setting a precedent that local governments cannot shield controversial discussions from public scrutiny.
With the clock ticking toward the oral argument date, Augusta County must still comply with the appellate court’s March 4 order to submit the closed-session recordings by March 19, 2025.
Breaking Through Media will continue reporting on this developing case as the fight for government transparency moves into the next round. Stay tuned for updates as the April 16 hearing approaches.
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