BREAKING: Lawsuit against LC mayor dismissed with prejudice
Published 4:12 pm Wednesday, November 27, 2024
The public records request lawsuit that was served to Lake Charles Mayor Nic Hunter last month was dismissed with prejudice following a favorable ruling by the 14th Judicial District Court last Wednesday. The Louisiana Illuminator says the move was a win for both sides.
In October, the Tulane First Amendment Clinic — a learning program at Tulane University Law School — filed the suit on behalf of the news organization the Louisiana Illuminator. The suit claimed that more than 300 pages of public records, including “any and all communications received by or sent from Mayor Nic Hunter from April 10, 2024, to April 12, 2024,” were withheld from freelance journalist Natalie McLendon, who filed a public records request on May 13, without explanation.
The suit claimed the city violated Louisiana’s Public Records Act by failing to respond within five business days and overcharging for electronic copies.
On Nov. 20, the 14th Judicial District Court ruled in favor of the city.
Following the ruling, City Attorney David Morgan met with the Louisiana Illuminator’s legal counsel to reach an agreement of joint dismissal with prejudice. The case cannot be appealed or adjudicated.
“I am very thankful that Judge (Kendrick) Guidry agreed with the city’s position in majority,” Hunter said at a news conference Wednesday afternoon.
The city was required to turn over documents relating to four additional topics after the ruling.
“This case was absolutely about nothing when it was filed, and it is absolutely about nothing today.”
Greg LaRose, editor of the Louisiana Illuminator, disagrees and said the case was a victory for First Amendment rights and the residents of Lake Charles “who should expect their elected officials to provide transparency when it comes to budget-making decisions, rather than speciously claim they are exempt from state public records law.
LaRose told the American Press that the Illuminator “chose to drop its lawsuit against Mayor Hunter after Judge Guidry agreed with our arguments that he could not withhold the records in question based on attorney-client privilege. Acknowledging their error, the administration has since provided not only the records we sought but also those for which the exemption does not apply.”
After the request was submitted, Morgan initially reported 1,466 pages to review but 1,168 relevant documents were produced.
Hunter said he uses his personal cell phone for work and the withheld documents included personal conversations that did not pertain to city affairs.
“At the end of the day, that’s not something that should be privy to the news media,” Hunter said.
He noted the city’s legal department handles public records requests.
“When this one came in, I was alerted about it because it was so broad in nature, but I did not personally go peruse through all the records and decide what was going to be turned over and what was not subject to public record.”
The sheer amount of communication included in the requested three-day span caused the turnover to take longer than usual, and McLendon was informed by the city’s public information officer the day the request was submitted that the process would take longer, he said.
“If you ever wanted to know how many emails and texts the mayor of Lake Charles gets on a daily basis over a three-day span, it was over 1,400 pages. Our city attorney had to go through all that.”
Hunter called the lawsuit a “frustrating ordeal.”
“In seven years, I have never had an issue like this with our local media. I appreciate our local reputable media. I have never withheld anything or been non-transparent about anything,” he said. “We have entertained over 7,000 public records requests since I’ve been mayor, and this is the first time we have ever had a media outlet sue us over something. I believe in transparency. And we will continue that philosophy that’s never changed and will never change.”