The rise and fall of FOIA Gras

Tom Hayden never intended to become a journalist. But in the midst of the COVID-19 pandemic, Hayden decided to look into how his local school district in Evanston, Illinois, was making decisions about when to send kids back to school.

It was a contentious issue in town and deserved journalistic inquiry. But Hayden realized the decline of local media left a void that someone needed to fill. So he decided to step up and launch his Substack newsletter FOIA Gras, which as the name implies, focused on Freedom of Information Act-based reporting.

“Ten years ago, a board meeting would have had reporters from suburban beats that are all gone now,” Hayden said. “Now, you just see the high school beat reporter.”

Hayden’s side gig as a journalist was a big success, and his focus expanded beyond pandemic issues. “Our local board initially hated me, but now they consider me like their inspector general,” Hayden said in March. “I’m able to get records that they don’t even know about. I break stories to them about lawsuits that they don’t even know about.”

But soon after we spoke, and after he completed his coverage of Evanston’s school board elections, Hayden announced that he was ending his experiment with citizen journalism. “It’s rendered a considerable toll on my mental well-being, my professional day-to-day career, my finances, and my relationships. I always told myself if the fun is gone, I can walk away, and the fun is gone,” he wrote.

‘Throwing darts’ at public records

Hayden was familiar with FOIA requests before venturing into journalism, from seeking records as part of his day job in the corrosion industry. So, when families started moving out of Evanston to nearby towns where schools had reopened, Hayden put on his citizen-journalist hat and started pulling records.

FOIA Gras quickly became a go-to source for Evanstonians to find out what was happening in their school district and community. Hayden said his goal was to use the truth to “try to find a way to bridge the people in this town that have political street fights over this.” Instead of bickering, he thought, “Let’s go get the actual records.”

He said he ”started kind of just throwing darts, looking mainly at lists of public records from the board meetings, which are public, and they immediately hit.”

Under Illinois’ public records laws, requesters are not charged fees for most records requests (aside from copying costs for large document sets). It’s a powerful law, Hayden said, as long as you are diligent and know what you are looking for.

Hayden said the records he requested showed that then-superintendent Devon Horton had been misappropriating funds and steering contracts to business partners, misleading Evanstonians about financing for a school in Evanston’s Fifth Ward, and more.

With longstanding achievement gaps and funding disparities, Hayden felt that Horton had used promises of championing diversity to divide the public rather than address the issues. “Equity is about lifting oppressed communities, not using them as a shoulder to lift yourself to a better job,” he wrote.

A fork in the road

As a citizen journalist and his own boss, Hayden was able to set his own parameters. Despite the success of the newsletter, however, Hayden announced he was closing down FOIA Gras in March, when the work outweighed the fun and backlash against his editorial choices started affecting his personal life.

“Ultimately, for me, I sort of reached the point where this project reached a fork in the road,” Hayden said, “where I have to decide, ‘Am I a professional journalist, or am I a citizen-journalist-slash-parent-slash-community-member?’”

In one particular case, in 2022, a middle schooler was caught making nooses out of jump ropes outside of a school while a protest was going on inside over some teachers being transferred. The incident blew up in Evanston, but Hayden decided not to cover it at the time to protect the children’s identities.

“The reality is that nobody knows why the student did it,” Hayden said, but the incident became part of a narrative around a school anti-racism initiative.

Hayden FOIA’d a copy of the associated police report, which he said police provided, but improperly, because it contained information on a minor.

After obtaining the report, Hayden reached out to the parents involved for comment and began writing a story about the district’s response to the nooses incident. Through his reporting, Hayden became uncomfortable continuing to report on a story based on speculation and decided to stop. Unfortunately, that made some of his readers angry.

One parent reached out to Hayden and provided some information about his child, who was only ”tangentially involved, but not the kid who made the nooses,” Hayden said. But the parent then provided the story to a national outlet, The Free Press, because, said Hayden, it fit its agenda of having “anti-woke stories.” That outlet ultimately ran the story.

The Free Press reported that, according to its sources, the child who made the noose was dealing with mental health issues and didn’t know about the racial connotations of hanging nooses. It accused Superintendent Horton of turning a child’s cry for help into a self-promotion opportunity during the peak of the Black Lives Matter movement. It framed Evanston — known for the country’s first municipal reparations program, among other racial justice initiatives — as an example of wokeness going too far (not long after the article, the Trump administration launched an investigation of the school district).

“Very little money in the pursuit of truth”

The drama surrounding the noose incident and Free Press article was the straw that broke the camel’s back for Hayden. People began ascribing nefarious motives to his decision not to cover the story, when in reality he just didn’t want to contribute to putting middle schoolers in the middle of a public spectacle. Hayden decided he’d close down FOIA Gras after this year’s school board election. He continues to both work full-time and teach data governance at Northwestern University.

“There’s a set of ethical rules that a professional journalist has to follow, especially when it comes to editorial decisions and injecting my own opinion into stories,” Hayden said. “I just reached that fork in the road.” His preference was always to report on verifiable data — that’s why he felt so at home with FOIA. But fact-based reporting wasn’t enough for his readers, and the aforementioned “political street fights” continued despite his efforts.

Ultimately, despite the important news he broke, the experience left Hayden cynical about the future of the profession he dabbled in. “I don’t feel good about the future of journalism,” he wrote in his departing announcement. “The incentives are broken,” Hayden said. “This is a massive national issue — there is very little money in the pursuit of truth.”

This is fourth in a series of profiles of independent journalists who use public records to hold local governments accountable. The third, about Michelle Pitcher’s reporting on the Texas criminal justice system, is here. The second, about Hannah Bassett of the Arizona Center for Investigative Reporting, is here. The first, about Lisa Pickoff-White of the California Reporting Project, is here.