Update: I Have Now Filed Three Additional Illinois Lawsuits Over Genealogical Records Access, Fees, and FamilySearch Restrictions — Four Total Suits Filed

News & Announcements

I wanted to share an update with the genealogy community.

I have now filed three new lawsuits in Illinois relating to historical-record access and genealogy-related fees:

  1. A vital-records access case involving IDPH, the Cook County Clerk, and Cook County concerning access to pre-1916 genealogical indexes under 410 ILCS 535/24. The core issue is whether qualifying genealogical indexes must actually be made available for genealogical research, or whether state and county officials may instead permit or maintain an exclusive paid, staff-mediated, and delayed access regime in place of the statutory availability required by law. Unlike the earlier county-focused suit, this new action specifically targets both the state-level supervisory role of IDPH and the local access practices of Cook County and the Cook County Clerk. A copy of the compliant is available at: https://www.scribd.com/document/1036036635/Illinois-Vital-Records-Access-Complaint
  2. A Medical Examiner records case challenging the higher fees charged in Cook County for an old coroner’s inquest transcript requested for genealogy/research purposes. That case challenges the population-based carve-out in Illinois law that appears to deny Cook County researchers the lower genealogy/research rate available elsewhere in the state. This was brought to the attention of an individual who has spent his time fighting it from a political angle. A copy of the compliant is available at: https://www.scribd.com/document/1036035140/Cook-County-Fee-Challenge-Complaint
  3. A FamilySearch-related case involving the Cook County Clerk, Cook County, and FamilySearch International concerning whether contractual restrictions, private gatekeeping arrangements, or privatized access practices may be used to impair, narrow, delay, or otherwise displace the statutory availability of qualifying pre-1916 genealogical indexes under 410 ILCS 535/24. The issue in that case is not whether preservation or indexing partnerships may exist in general, but whether any such arrangement can lawfully be invoked to interfere with public access rights created by Illinois law. A copy of the complaint is available at: https://www.scribd.com/document/1036035745/FamilySearch-Access-Challenge-Complaint

As you may remember (or for the new people out there) from my previous post, I filed the initial suit against Cook County and Cook County Clerk on April 20, 2026, which is avaible at this link: https://www.scribd.com/document/1029298456/Mandamus-Suit-on-Genealogy-Index-Access

These cases are part of a broader effort to push for more meaningful and lawful access to historical and genealogical materials in Illinois, especially in Cook County.

I am also awaiting the outcome of a PAC matter to determine whether a separate FOIA lawsuit will need to be filed concerning how the Cook County Clerk handles FOIA requests relating to vital-record indexes, which appears to be part of the same broader pattern.

I’m posting this here because I know many researchers have run into similar barriers involving access delays, restricted index access, and additional fees.

I will continue to update as things develop.

At the moment, I am also putting together a charitable trust intended to support this type of litigation, and a website should be available in the coming weeks to provide general case updates and an overview of the effort, as permitted.

Posted May 7, 2026, 8:51 AM UTC

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