(July 21, 2000) The following statement was issued today
by Rob Schneider, Senior Staff Attorney with the Southwest Regional
Office of Consumers Union, regarding a decision by Travis County
Judge Jeanne Meurer granting the insurance industry its temporary
injunction (TI) request. The decision allows insurers in Texas to
keep key auto insurance data secret, data which can be used to detect
the presence of insurance discrimination - or "redlining" - in the
market.
"Once again, Travis County district courts have failed to show the
courage to stand up to the insurance industry, to stand for openness
in government, and to stand against insurance redlining. While the
fight is not over, sunshine on these practices will have to wait
until a later day.
"Four Texas insurance commissioners have sought to release these
data to the public for five years in an effort to combat redlining,
but Travis County judges have consistently thwarted these efforts.
When appealed, Texas courts have generally overturned these rulings.
Judge Muerer's ruling is the latest blow to the Public Information
Act and efforts to end redlining.
"Even though the judge acknowledged that the insurance industry
failed to prove the information is a trade secret, she still granted
the companies' request to keep the data confidential. Judge Muerer
has, in effect, turned the Public Information Act on its head by
requiring the public to demonstrate they are entitled to receive
government record -- in contrast to the Act's clear presumption of
openness."