IV. PROCEDURE FOR ASSERTING RIGHT OF ACCESS

The Open Meetings Act establishes an Open Government Office, D.C. Code Ann. § 2-592, that may bring a lawsuit in D.C. Superior Court for injunctive or declaratory relief for any violation of the Act before or after the meeting in question takes place.  D.C. Code Ann. § 2-578(a).  The Act explicitly states that nothing in it shall be construed to create or imply a private cause of action for a violation.  Id. § 2-578(a)(1).  Curiously, the Act also states that nothing in it shall restrict the private right of action citizens have under § 1-207.42.  Id. § 2-578(a)(2).  No court has specifically considered what private rights of action § 1-207.42 creates.  However, a line D.C. Court of Appeals cases interpreting identical language from the Open Meeting Act’s predecessor appears to assume, without deciding, that private citizens may bring suits to invalidate official actions that violate the open meetings rule.  See Jordan v. District of Columbia, 362 A.2d 114, 117-19 (D.C. 1976); see also Bernstein v. D.C. Bd. of Zoning Adjustment, 376 A.2d 816, 820 n.12 (D.C. 1977) (affirming Jordan); Dupont Circle Citizens Ass’n v. D.C. Bd. of Zoning Adjustment, 364 A.2d 610, 613-14 (D.C. 1976) (same).