Cancellation of 2023 Asian American Literature Festival

Nicholas Marritz filed this request with the Smithsonian Institution Office of General Counsel of the United States of America.
Tracking #

818805767

Due Aug. 14, 2023
Est. Completion None
Status
Awaiting Response

Communications

From: Nicholas Marritz

Smithsonian Institution, Office of General Counsel
Jessica Sanet, Assistant General Counsel
SIRecordsReq@si.edu

Dear Ms. Sanet:

This is an open-records request under the Smithsonian Institution's open-records policy, Smithsonian Directive 807.

(1) I hereby request all records related to the cancellation of the 2023 Asian American Literature Festival, a production of the Smithsonian Asian Pacific American Center (APAC). The Washington Post reports that the Smithsonian decided to cancel the festival only weeks before it was to begin, citing “unforeseen circumstances.” (See attached article of 14 July 2023.) This request includes—by way of example only—all records related to the decisional process that resulted in the decision to cancel the festival; records sufficient to show, with specificity, all reason(s) for cancelling the festival; communications with event participants and organizers in the wake of the decision to cancel the festival; and internal agency communications related to the cancellation of the festival.

(2) All records related to any review or proposed review of the 2023 Asian American Literature Festival under Smithsonian Directive 603, which is meant to help identify any potentially sensitive or controversial content and prepare for potential responses from the public.

(3) All records mentioning the inclusion of queer, trans/transgender, drag queen, LGBT, or nonbinary people or literature at the festival.

Responsive records include (without limitation) internal and external communications, including emails, electronic messages (e.g. Slack, Teams), text messages, electronic documents, and paper documents.

I look forward to your response.

Sincerely,

Nicholas Marritz

  • Smithsonian_abruptly_cancels_Asian_American_literary_festival_-_The_Washington_Post.pdf

From: Nicholas Marritz

Dear Ms. Sanet:

I'd like to clarify the scope of my request: The third category of records I requested, "All records mentioning the inclusion of queer, trans/transgender, drag queen, LGBT, or nonbinary people or literature at the festival," refers to the cancelled 2023 festival only.

From: Smithsonian Institution Office of General Counsel

Good morning,

Attached please find a letter acknowledging your request for Smithsonian records (#818805767).

Kind regards,
Jamie Haydel
Paralegal Specialist

From: Nicholas Marritz

Dear Mr. Asfour:

I wanted to follow up on the status of my records request, #818805767. Your letter said I should contact you if I had not received a final response within 90 business days, and it has now been over 90 business days. Please let me know when I can expect your final response.

Very respectfully,

Nicholas Marritz

From: Smithsonian Institution Office of General Counsel

Dear Nicholas,

Thank you for the follow up to request number 818805767. This request is in process and we are working to release these records to you urgently. It may be helpful to discuss via a brief call and I can provide you a more detailed update with respect to the status of your request and the Smithsonian’s record release process generally.

Do you have any availability for a call next week? Thank you and I hope you have a nice weekend.
Best,
Mired

From: Nicholas Marritz

Dear Mired:

Thank you for the update. I'm on vacation next week but would be available for a call after that if the records haven't been released by then.

Most sincerely,

Nicholas Marritz

From: Nicholas Marritz

Dear Mired: I am back from vacation but have not received the records. When are you available for a call?

Most sincerely,

Nicholas Marritz

From: Smithsonian Institution Office of General Counsel

Dear Nicholas,

My availability for this week and early next week is below, what works best for you and would you prefer for me to call you?

Today: 1-3pm ET
December 15: 10am – 1pm ET; 2pm – 3pm ET
December 18: Anytime after 10am ET
December 19: 10am – 1pm ET; 3pm -5pm ET

Thank you,
Mired

From: Nicholas Marritz

How about tomorrow at 2:30? I'm fine calling you—you're at 202-633-5115, correct?

From: Smithsonian Institution Office of General Counsel

Thank you, Nicholas. 2:30pm ET tomorrow works for me. My direct line is 202-633-5097. I look forward to speaking with you.
Best,
Mired

From: Nicholas Marritz

Mired,

Thanks for getting on the phone today. Here's what I understand to be the status of my request—please let me know if I got anything wrong or left anything out:

The Smithsonian has collected the responsive records from its various components ("stakeholders"), and its General Counsel's Office (i.e. you/your colleagues) has given them an initial review to determine if anything is exempt from disclosure and in need of redaction. You've now sent the records back to the stakeholders with your proposed redactions for their final review; they may identify additional things that they think should be redacted. Once the final review is done, the records will be ready for release. This should happen within a few weeks.

Does that about cover it?

One question I didn't ask: are you planning on charging any fees for these records?

Thanks again, and I look forward to receiving the records soon.

With best regards,

Nicholas Marritz

From: Smithsonian Institution Office of General Counsel

Dear Nicolas,

Thank you for the email. Yes, the records you have requested have been identified and are currently under review in accordance with Smithsonian policy. While we consider your request for Smithsonian information, we will apply a presumption of disclosure. It is the policy of the Smithsonian to disclose information unless Smithsonian’s directive on record disclosure clearly provides otherwise, except where disclosure would be harmful to an interest protected by an exemption.

I am not currently expecting that there will be fees charged for this request.

Thank you and I hope you have a happy holidays. Please do not hesitate to reach out if you have any additional questions.

Sincerely,
Mired

From: Nicholas Marritz

Hello Mired, I hope you are having a good start to 2024. Where do things stand with my records request?

With kind regards,

Nick Marritz

From: Smithsonian Institution Office of General Counsel

Dear Mr. Marritz,

Thank you for the email, I hope you have had a great start to 2024 as well. Your request remains in process and we are working towards releasing the records you have requested as quickly as possible.

Sincerely,
Mired

From: Nicholas Marritz

Hello Mired, what’s the status of my records request?

With kind regards,

Nick Marritz

From: Smithsonian Institution Office of General Counsel

Dear Mr. Marritz,

As an update, additional records have been identified as responsive to your request. We are compiling and reviewing the additional records and we continue to work towards release of these records to you as quickly as possible. Thank you for your patience in this matter.

Sincerely,
Mired

From: Nicholas Marritz

Thank you for the update, Mired.

From: Nicholas Marritz

Hello Mired, what is the status of this open-records request?

From: Smithsonian Institution Office of General Counsel

Dear Mr. Marritz,

The new records that were identified are currently under review. We will update you when there is a change in status. Thank you.
Best,
Mired

Files

pages

Close
  • 07/15/2023

    Smithsonian_abruptly_cancels_Asian_American_literary_festival_-_The_Washington_Post.pdf

  • 07/19/2023

    Marritz - SD 807 acknowledgment letter