Baker records dispute ruling reversed
The state 1st Circuit of Appeal has reversed a district judge’s ruling and sent a public records dispute between Baker City Court Judge Kirk A. Williams and Mayor Harold Rideau back to her court.
Nineteenth Judicial District Court Judge Kay Bates in April ruled against Williams on procedural grounds and other objections raised by Rideau and the city’s attorney in answering Williams’ lawsuit.
Williams filed suit against the city and Rideau in November 2010, alleging Rideau violated the Louisiana public records law by denying him access to a specific application for a hurricane recovery grant and later for all grant applications and supporting documents since July 1, 2005.
Bates said Williams had not complied fully with the provisions of the public records law, and ruled the lawsuit was premature and improperly asked for two different legal remedies.
A three-judge appellate judge panel on Thursday reversed Bates’ ruling and sent the case back to district court for further proceedings.
The 1st Circuit ruling, issued by Judges John Michael Guidry, James E. Kuhn and Vanessa G. Whipple, said Williams had clearly stated a cause for action against Rideau and the city “for violating the provisions of the Louisiana Public Records Law” by refusing Williams “free and unrestricted access” to the documents requested in his first request.
In a concurring statement, Kuhn said the record reveals a “clear and consistent pattern” by Rideau and the city to thwart Williams’ legitimate request to see the records. Rideau violated the law by questioning Williams about his request, “which is expressly prohibited” and by not giving him free access to the grant applications, Kuhn wrote.
Kuhn’s concurring statement says Williams identified the documents he wanted to see by the name given them by the city’s notice of public hearing and council agenda.
Mark Plaisance, who represented Rideau and the city in the lawsuit, said he was surprised at the ruling.
“All it means is that he has a right to go to court. It doesn’t mean he wins,” Plaisance said.