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One facet of Louisiana’s public records law is never enforced • Alabama Reflector

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One facet of Louisiana’s public records law is never enforced • Alabama Reflector


Officials in Louisiana will soon be free to disregard state public records law at no risk if Gov. Jeff Landry signs into law a bill that currently sits on his desk. One expert says it will change nothing because courts have never enforced that part of the law anyway.

House Bill 768, sponsored by Rep. Les Farnum, R-Sulphur, repeals a statute within the public records law that makes the records custodian of a government agency personally liable for unreasonably withholding records or failing to respond to a public records request.

Under current law, courts can consider custodian liability when a requester sues the government agency that withheld the records. The custodian can be forced to pay a fine of $100 per day and attorney fees of the person who was denied access to the records.

Farnum’s bill repeals that provision, stating that “no person shall be liable for any penalty … attorney fees and other costs of litigation assessed for failure to comply” with the law. Instead, the government body shall be responsible for such penalties.

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Some lawmakers argued public records custodians have little authority in how to respond to requests and merely serve as liaisons between the person making the request and the public official who ultimately decides whether to provide or withhold a record.

During House floor debate on the bill in April, Farnum said it is unfair to hold custodians personally liable because they “are probably very low-paid employees just doing what they’re told to do.”

Current law says differently. Such low-level employees don’t fit the definition of “custodian,” and a government agency can choose whether and whom to designate as an official records custodian. At larger agencies, it is often a division head or staff attorney. Many smaller government offices don’t have a designated custodian. If that is the case, the law defines the custodian as the head of the agency or the official who has actual control over a public record.

Also, current law provides an exception that states a custodian shall not be held personally liable if they deny a records request on the advice of an attorney representing the agency.

Rather than providing a shield for low-paid employees just following orders, Farnum’s bill would likely protect the wallets of officials at the very top who issue those orders to withhold records from the public — shifting the entire financial penalty onto taxpayers.

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Some lawmakers during the floor debate pointed out that without personal liability, government officials will have little reason to follow the law when it comes to public records. But according to one public records expert, that is pretty much the situation already in Louisiana.

Scott Sternberg, a First Amendment lawyer who represents members of the Louisiana Press Association in public records disputes, said the legislation is unlikely to make things worse than they already are because courts almost never enforce the custodian liability law.

Sternberg defended The Advocate reporter Andrea Gallo, who then-Attorney General Landry sued in 2021 for filing a public records request with his office. Many critics saw the move as an obvious, if not egregious, violation of the public records law. The judge ruled against Landry but denied the reporter’s claim for penalties under the statute that Farnum’s bill is repealing.

“That’s not [a bill] that I was particularly interested in because it never happens anyway,” Sternberg said in a text message.

Farnum’s legislation sailed through the Capitol with little scrutiny in a session that saw multiple bills that threatened to weaken or repeal state public records law, most spearheaded by the governor.

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Sternberg focused more on a measure from Sen. Heather Cloud, R-Turkey Creek, that would have almost entirely negated the public records law, and a proposal by Rep. Michael Melerine, R-Shreveport, that would have exempted the governor from having to follow the public records law. Neither made it through the Legislature.

Also notable was a bill from Rep. Steven Jackson, D-Shreveport, that will allow local governments to hide economic development records from the public for up to two years. That proposal passed the Legislature and is also pending consideration by the governor.

Louisiana lawmakers have gradually chipped away at the state’s public records law, adopting hundreds of changes to revoke public access to a long list of government documents since it was enacted in 1940.



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Louisiana man arrested for allegedly planning attack in New Orleans – UPI.com

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Louisiana man arrested for allegedly planning attack in New Orleans – UPI.com


Dec. 16 (UPI) — A suspect identified as Micah James Legnon has been arrested by agents from the FBI’s New Iberia office for allegedly planning an attack on federal agents.

Legnon, 29, was a member of the Turtle Island Liberation Front and had communicated with four members who were charged with allegedly planning a series of New Year’s Eve terrorist attacks in the Greater Los Angeles area on Monday, WDSU reported.

He is a resident of New Iberia and was arrested on Friday while driving to New Orleans after FBI agents saw him loading a military-style rifle and body armor into his vehicle and telling others in a Signal chat group that he was traveling to New Orleans.

New Iberia is located about 120 miles west of New Orleans, and Legnon allegedly shared a video that showed multiple firearms, gas canisters and body armor before leaving on Friday.

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In that post, Legnon said he was “On my way to NOLA now, be there in about two hours,” but the FBI arrested him while driving east on U.S. Highway 90, according to WWL-TV.

In a Dec. 4 post, Legnon shared a Facebook post showing Customs and Border Protection agents arresting someone and said he wanted to “recreate Waco, Texas,” on the federal officers while referencing the 1993 federal siege on the Branch Davidians compound there.

He is a former Marine who was trained in combat and a self-professed satanist who used the alias “Black Witch” in group chats with four suspects accused of targeting locations throughout California.

Federal prosecutors filed a federal complaint against Legnon and asked the magistrate judge to seal it and related records due to an ongoing investigation.

They asked that it be unsealed on Tuesday, which is a day after the four suspects accused of planning the California terror attacks were charged with related crimes.

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The FBI said Legnon had been communicating with the four suspects in California before the arrests were made and charges filed in the respective cases.

The Turtle Island Liberation Front is a far-left, anti-government, anti-capitalist and pro-Palestinian group, according to Attorney General Pam Bondi.



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Louisiana gets $15 million for literacy tutoring study initiative

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Louisiana gets  million for literacy tutoring study initiative


BATON ROUGE, La. (Louisiana First) — The Louisiana Department of Education announced Tuesday it was awarded $15 million to lead a study on the increasing impact of high-dosage tutoring.

The grant came from the U.S. Department of Education’s Education Innovation and Research program. State education leaders said the money will fund a five-year study to expand the impact of high-dosage literacy tutoring for students in grades 1-2 who are below grade level in reading.

“Louisiana has shown what’s possible when states are trusted to lead,” said State Superintendent of Education Dr. Cade Brumley. “We are grateful to the U.S. Department of Education for their confidence in our strategy and for investing in a Louisiana-designed solution to accelerate student literacy.”

Education Secretary Linda McMahon said making literacy outcomes stronger throughout the nation is one of her top priorities.

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“Every dollar from this year’s EIR awards will support the use and expansion of evidence-based literacy instruction, expand education choice, and empower grant recipients to build and sustain high-quality literacy support systems for students. This is a huge opportunity for states to lead, and they are rising to the occasion,” she said.

Sen. Bill Cassidy, who joined McMahon in an August education roundtable in Baton Rouge, celebrated the funding. “Strong literacy skills are the foundation for everything that comes next in school and in life,” he said. “Louisiana has shown real progress, and this funding helps take what’s working and expand it so more students can succeed.”

Schools with low literacy proficiency rates will be prioritized. Air Reading, Studyyville, Johns Hopkins University and Louisiana higher education institutions will be key partnerships in the project.

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Gonzales restaurant becomes donation hub amid fear from Louisiana immigration operations

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Gonzales restaurant becomes donation hub amid fear from Louisiana immigration operations


GONZALES, La. (WAFB) – A once-busy Mexican restaurant in Gonzales now sits nearly empty, as its owner says fear surrounding recent immigration operations in Louisiana is keeping workers and customers away.

La Mexicana, which has served the community for almost 30 years, has seen a sharp decline in business. Owner Veronica Chaves said the restaurant currently has no employees and only a handful of customers.

“This is sad,” Chaves said.

She believes recent immigration enforcement efforts, including an operation known as Catahoula Crunch, have left many immigrant families afraid to leave their homes even for work or meals.

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“I just can’t believe it,” Chaves said.

Out of that fear, a new community effort has emerged.

Local college professor Raynell Hernandez, along with several volunteers, has helped turn La Mexicana into a donation drop-off site for families in need. Community members can donate food, clothing, and other essentials, while families can arrange safe pickup locations without being asked questions about their immigration status.

“We’re not trying to hide anyone. We’re just trying to help in any way that we can,” Hernandez said.

Hernandez said she has received dozens of messages from people requesting basic necessities, including jackets, diapers, and baby formula. She said the effort is focused on helping as many families as possible, especially children.

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“Children don’t understand immigration status. They just know they’re hungry,” Hernandez said.

Both Hernandez and Chaves said they hope tensions surrounding immigration enforcement will ease soon. Until then, they say the community’s support is critical.

“Our hearts pour out to them,” Chaves said.

You can send donations to La Mexicana at any time between 9:30 a.m. and 8 p.m. The restaurant is located at 648 Louisiana 30 W B in Gonzales.

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