The real story is that I think I've found a judge in a lower court that gets it. The basis of the case was that a kid wanted access to a list of e-mail addresses for one reason or another - it doesn't really matter. The city argued that they couldn't due to a law on the books. The judge, however, ruled that the statue didn't extend to e-mail addresses and then went on to say:
The city’s arguments here are of a policy rather than a legal character, and are more appropriately addressed to the Indiana Legislature rather than to this court,” Murray wrote. “The courts cannot fill gaps in a statutory scheme designed by the legislature.
Did you catch that last sentence? Words to live by.
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