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Federal judge to decide if Louisiana’s buffer law for police is constitutional

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Federal judge to decide if Louisiana’s buffer law for police is constitutional


A state law the Louisiana Legislature passed earlier this year allows police to arrest people who come within 25 feet of an on-duty law enforcement officer after they have been ordered to disperse.

Attorneys representing six news organizations challenged the statute in a federal courtroom this week. The legal team from Reporters Committee for Freedom of the Press, a Washington, D.C., nonprofit, argued for an injunction to block Louisiana officers from enforcing the new law, which went into effect Aug. 1.

Now the decision rests in the hands of U.S. District Court Judge John deGravelles, who listened to arguments from the plaintiffs’ attorneys as well as defense rebuttals made by attorneys from the Louisiana Attorney General’s Office. The hearing was held Wednesday morning inside the U.S. Middle District of Louisiana courthouse in downtown Baton Rouge.

At issue are the merits of House Bill 173, a measure that state lawmakers gave overwhelming support during this year’s regular session and Gov. Jeff Landry signed into law May 24. State Rep. Bryan Fontenot. R-Thibodeaux. sponsored the bill, which gives officers a 25-foot buffer zone and makes it illegal to encroach on that protective area if an officer orders someone to move.

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Fontenot and others who supported the law said it is another weapon to help ensure safety for law enforcement officials if they feel threatened while on duty. But attorneys for Verite News, Gannett, Gray, Nextstar, Scripps and Tegna argued that the buffer law, as written, is too broad and doesn’t provide any framework to restrain officers from abusing the statute.

Plaintiff attorney Grayson Clary indicated that an officer can order someone to disperse for any reason, as arbitrary as not liking the shirt they are wearing. If the person refuses, they could be subjected to arrest and whisked away to jail.

Clary told Judge deGravelles it amounts to a First Amendment violation — one that could have a “chilling effect” on journalists who worry about being arrested if they come too close to officers while covering crime scenes, crashes, parades, sporting events, protests and other newsworthy events. He argued that provisions are already built into state law to protect against obstructionists who interfere with investigations or threaten officer safety.

Clary suggested the new law’s aim could be to stop reporters and other bystanders from filming police conduct, and it gives officers “unbridled discretion” to stop what he said should be a First Amendment right.

“The law seems to be to discourage observation and documentation of police authority in particular,” he said.

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Assistant Solicitor General Caitlin Huettemann, of the AG’s office, said that in the nearly five months since the law took effect, no officers have made arrests or even issued a move-along order under the new rule, and the state hasn’t prosecuted anyone for violating the law. She said the 25-foot buffer gives officers time to realize their safety may be at risk and allows them a chance to respond.

Characterizing worries that the law will have a chilling effect as conjecture, she said the plaintiffs had no standing for their complaint because the law hasn’t been enforced, so there is no injurious conduct to litigate. In asking deGravelles to dismiss the lawsuit, Huettemann insisted the case isn’t ripe for judicial review because no officer has abused or even enforced the law. 

“No rights have been or are likely to be affected,” she argued. “These are all claims based on anticipated future action.”

But deGravelles pressed Huetteman on the language in the statute. When the judge asked if officers can give move orders “willy nilly” even if there is no basis for the directives to disperse, she conceded the law does give police unbridled discretion. But she said that doesn’t make the law vague, reiterating her stance that those are hypothetical scenarios not founded in actual incidents. 

Clary maintained his position that the law needs more specificity to narrowly define the situations when officers can employ the buffer zone. He noted that Indiana is the only other state that has a police buffer law, but it is currently enjoined as the focus of two ongoing legal battles in the Hoosier State.

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“The problem in this law is there’s nothing in the law that says officers can make people withdraw if they pose a risk to obstruction, public safety or officer safety,” Clary argued. “There’s too much innocent conduct left in. Officers need some way to pick and choose. There needs to be some way to distinguish the good conduct from the bad.”



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Venture Global Starts LNG Production at Second Louisiana Plant

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Venture Global Starts LNG Production at Second Louisiana Plant


Venture Global LNG Inc. has started producing liquefied natural gas at its Plaquemines plant in Louisiana, making the site the eighth gas export facility in the US.

The Arlington, Virginia-based producer said in a statement that first production was reached on Friday.



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Louisiana detects first presumptive positive human case of H5N1 bird flu

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Louisiana detects first presumptive positive human case of H5N1 bird flu


The Louisiana Department of Health said on Friday it has detected the first presumptive positive human case of highly pathogenic avian influenza (HPAI), or H5N1, in the US state.

The individual is a resident of southwestern Louisiana and is currently hospitalized.

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Most Louisiana lawmakers in the dark about ethics board nomination process, Democrat rep says • Louisiana Illuminator

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Most Louisiana lawmakers in the dark about ethics board nomination process, Democrat rep says • Louisiana Illuminator


A Democratic legislator is criticizing the Louisiana House of Representatives’ leadership for their lack of transparency about the chamber’s selection of a future state ethics board member.

The full House must approve its appointees to the Louisiana Board of Ethics. Yet only one person, former state lawmaker Mike Huval, a Republican from Breaux Bridge, was nominated for the House’s board seat that opens up in 2025.

With no competition, Huval, a longtime friend of Republican Gov. Jeff Landry, will win the post by default.

State Rep. Candace Newell, D-New Orleans, claims more ethics board candidates weren’t proposed because House members were in the dark about the nomination process. State representatives didn’t realize they could submit their own picks for the board until it was too late to do so, she said.

“I don’t like the fact that other members of this body didn’t have the opportunity to put forth nominations for this seat,” Newell said Thursday during a House and Governmental Affairs Committee meeting on Huval’s nomination.

“I hope it’s a more transparent process in the future,” she said.

The ethics board selection process changed dramatically this year after the governor and GOP legislators rewrote the state laws concerning its makeup. For years, Landry has had a strained relationship with the ethics board, which has cited him multiple times for campaign finance and ethics law violations.

In previous years, leaders from Louisiana’s private colleges and universities vetted ethics board candidates and put forward a short list of nominees to the governor and legislators for the 11 ethics board seats. The House and Senate then held elections to choose from those candidates to fill their board posts. Previous governors picked their appointees from the lists the college leaders compiled.

With the law change, the governor and lawmakers now pick their board appointees directly without the involvement of the college administrators. The board has also been expanded to 15 seats.

The House and Senate will still hold elections for their six board members, but it’s unclear how candidates such as Huval get on the ballot. Landry and legislators didn’t include a new process for picking the ethics board nominees when they rewrote the law earlier this year. 

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Newell said House members were never solicited for nominations or given information about how the new board selection process would work. 

“If this is the only stop, we need to make sure that we have multiple candidates that are in front of us,” she said.

Previous ethics board candidates also came with more thorough background checks, Newell said. In the past, she was given reports from Louisiana State Police and the state Department of Revenue on nominees before a committee interview took place. 

Rep. Beau Beaullieu, R-New Iberia, said he personally put forward Huval’s name to House Speaker Phillip DeVillier, R-Eunice, for the ethics board seat. 

Beaullieu, chairman of the House and Governmental Affairs Committee, chastised Newell for not doing the same. 

“You have had since April or May to talk to the speaker about a nomination,” he told Newell, referencing when the ethics board overhaul legislation initially passed. “You had all the opportunity after the bill passed.”

Beaullieu also said he went out of his way to ensure transparency in the ethics board nominating process by holding a committee hearing on Huval’s selection. The law doesn’t require the House and Governmental Affairs Committee to interview candidates ahead of time, he said.

In addition to being a former legislator, Huval has ties to the governor that go back three decades. 

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Landry and Huval are both from St. Martin Parish. Landry’s first political job was working for the St. Martin Parish Economic Development Authority in the mid-1990s at the same time Huval was serving on the St. Martin Parish council. 

Despite Newell’s objections, she and the other House and Governmental Affairs Committee members endorsed Huval for the ethics board seat without any objections.

Newell said she personally likes Huval, who served in the House from 2010 to 2024, and thinks he will do a good job in the position. 

“This is not about you,” she told Huval. “This is about how this process has happened and taken place.”

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