Kimberly Kay Allen, et al. v. John Day, et al. and Gannett Satellite Information Network, Inc. et al. v. Powers Management, LLC - Concurring

Because of the troubling potential for overexpansion of the “functional equivalency” rationale established in Cherokee and relied upon herein, I write separately to identify the reason for my concurrence. The key to determining when a private entity, through a relationship with a government, subjects its records to public inspection lies, in the first instance, in the analysis of whether the entity is performing a governmental function.