Louisiana
Louisiana environmental activist loses freedom of speech lawsuit against parish officials
NEW ORLEANS (AP) — Louisiana parish officials who threatened to arrest and imprison an environmental activist as she attempted to speak during a public meeting did not violate her right to freedom of speech, a unanimous civil jury ruled Wednesday.
Joy Banner had sought more than $2 million in damages from two St. John the Baptist parish officials — Parish President Jaclyn Hotard and councilmember Michael Wright — who she said blocked her from raising allegations of corruption tied to industrial development at a public meeting. While Banner’s attorneys said the case had important implications for protecting outspoken citizens from government censorship, lawyers representing the parish said they were model officials trying to curtail disruption and keep the meeting on track.
The case is part of a broader series of disputes playing out in courts and public hearings between grassroots community groups and Louisiana officials over industrial expansion in the 85-mile (136-kilometer) chemical corridor between Baton Rouge and New Orleans, often referred to by environmental activists as “Cancer Alley” because of its high pollution levels.
Trusted news and daily delights, right in your inbox
See for yourself — The Yodel is the go-to source for daily news, entertainment and feel-good stories.
Banner, co-founder of the environmental and racial justice organization The Descendants Project, gained a national reputation fighting against an $800 million grain terminal slated for her predominantly Black community in St. John the Baptist parish. The project was later aborted.
In a November 2023 parish council meeting, Banner sought to oppose an agenda item introduced by Hotard to use taxpayer funds for a lawyer to defend parish officials from ethics complaints. The state ethics board had launched an investigation after Banner filed a complaint pointing out that Hotard’s mother-in-law, Darla Gaudet, owned a marine transport company that owned land near the proposed site for the grain terminal.
As Banner began to discuss these concerns during the public comment period, councilmember Michael Wright repeatedly banged his gavel and both he and Hotard told Banner she was not speaking on topic as she made her remarks.
Wright then quoted from an obsolete law under which anyone who publicly shared testimony given to a state ethics board investigation could be subject to one year of imprisonment. A federal judge deemed the law unconstitutional years ago.
“When I heard the words imprisonment and misdemeanor, I thought, ‘That’s it, I’m going to jail, I’ve messed everything up, my business is going to be ruined, my name is going to be ruined.’ I was terrified and shocked,” Banner later testified.
Ike Spears, the parish officials’ attorney, noted that they had also interrupted and instructed to stay on topic other members of the public who spoke during the public comment period. He described Banner as a “disruptive citizen” striving to become a “social media influencer” and garner media attention from the litigation.
“She wants us to reward this conduct with $2 million plus,” Spears told jurors.
Banner’s attorney William Most countered that her intended comments at the public meeting were “vital” to informing the parish about Hotard’s potential conflicts of interest.
“Joy Banner was treated differently than anyone else: She was the only person threatened with arrest and she was also the only one to raise the issue of Hotard’s family business interests,” Most said. “She was directly on topic.”
Hotard also used vitriolic language to describe Banner, including fantasizing about strangling her, in text messages to her mother-in-law that were introduced as evidence. Most said the messages indicated that Hotard had a personal motivation to shut down Banner’s participation in a public meeting.
The state ethics board ruled last year that Hotard had not violated state ethics laws.
Yet Hotard’s mother-in-law later revealed during a deposition for Banner’s lawsuit that Hotard’s husband is a beneficiary of a trust that owned land overlapping with the planned railroad route leading into the proposed grain terminal.
Spears acknowledged that Hotard would “probably” personally benefit from the grain terminal’s approval. But he said increased tax revenue and good-paying jobs were the parish president’s driving motivation in supporting the project.
Hotard, who was not present for the verdict, did not respond to an emailed request for comment.
The jury sent a “strong message against frivolous lawsuits,” Wright said in an emailed statement to The Associated Press. “This is a significant victory for St. John Parish and a promising sign for businesses and industries considering the River Parishes as their home.”
Juror Cam Owen said he was ready to vote in Banner’s favor following closing arguments. He changed his mind — and came to tears during deliberations — after closely reviewing the facts and video footage of the public meeting, which he described as the “deciding factor” for the jury. Owen said jurors calculated the amount of time Banner was able to speak and concluded she was able to express most of her viewpoint.
“At the end of the day, you know, they did try to stop her, but she did actually say what she had to say,” Owen said.
The jury also ruled that the parish had not violated Louisiana’s open meetings law.
Banner said she had no regrets about bringing the lawsuit and said it uncovered the parish president’s hidden financial interests.
“The purpose of this case was for transparency,” Banner said. “I think it’s important to hold people accountable for the things that we feel are wrong.”
“I hope you can heal,” Eastern District of Louisiana Judge Nannette Jolivette Brown told Banner and the parish officials after the verdict. “This is only one part of the process.”
___
Brook is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Brook on X: @jack_brook96.

Louisiana
Useful Managed Care Information | Louisiana Department of Health

Independent Review
This process was established by La-RS 46:460.81, et seq. to resolve claims disputes when a provider believes a managed care organization (MCO) has partially or totally denied claims incorrectly. A MCO’s failure to send a provider a remittance advice or other written or electronic notice either partially or totally denying a claim within 60 days of the MCO’s receipt of the claim is considered a claims denial. SIU post-payment reviews are not considered claims denials or underpayment disputes, therefore, SIU findings are exempt from the Independent Review Process. Except per Act 204 of the 2021 Regular Legislative Session, mental health rehabilitation (MHR) service providers have the right to an independent review of an adverse determination by a managed care organization that results in a recoupment of the payment of a claim based on a finding of waste or abuse.
Effective Jan. 1, 2018 there is a $750 fee associated with an independent review request. If the independent reviewer decides in favor of the provider, the MCO is responsible for paying the fee. Conversely, if the independent reviewer finds in favor of the MCO, the provider is responsible for paying the fee.
Remember to send in the Independent Review Reconsideration Form to the MCO before you ask LDH for an Independent Review. Each MCO has the form on their site but you can also access it here.
Independent Review Process
Louisiana
82-year-old Louisiana man rescued after stuck hours sinking in mud while crawfishing

LA PLACE, La. – An afternoon of crawfishing turned near-death for an 82-year-old Louisiana man when he became hopelessly trapped waist-deep in muddy water for hours until help arrived.
The shocking ordeal unfolded Sunday near La Place off Interstate 10 when the Destrehan man’s family reported him missing after not hearing from him for more than eight hours, the St. John the Baptist Parish Sheriff’s Office said.
Deputies said the man, whose name has not been released, had been fishing for crawfish when he attempted to traverse a deep patch of water on foot.
As the soft earth gave way, he found himself sinking rapidly into the thick mud.
Despite his efforts to turn back, he was unable to free himself from the mud’s tight grip.
Adding to the fisherman’s predicament, he told deputies that his cell phone had gotten wet and would not work.
Deputies located the man’s vehicle shortly before 11:30 p.m., and drones were launched to help search.
Authorities were able to locate the missing man in the woods about 0.2 miles from his vehicle.
Authorities said the man was alert but exhausted.
He was soon equipped with a lifejacket, and, with the assistance of other deputies, he was carefully pulled to safety using a rope.
He was then rushed to a local hospital for further treatment.
St. John Sheriff Mike Tregre applauded his deputies’ efforts in finding and rescuing the man while also highlighting the dangers of venturing into the Louisiana wilderness unprepared.
“Always let someone know where you are going, where you will be and when you will be back,” Tregre said. “You never know what will happen. It’s good to make sure that other people are aware of your plans and location.”
Louisiana
Helicopters descend with late Christmas gifts for New Orleans wetlands. 'Beautiful is the word.'

-
News1 week ago
Vance to Lead G.O.P. Fund-Raising, an Apparent First for a Vice President
-
News1 week ago
Trump Administration Ends Tracking of Kidnapped Ukrainian Children in Russia
-
Business1 week ago
Egg Prices Have Dropped, Though You May Not Have Noticed
-
Technology1 week ago
Chip race: Microsoft, Meta, Google, and Nvidia battle it out for AI chip supremacy
-
World1 week ago
Commission warns Alphabet and Apple they're breaking EU digital rules
-
News1 week ago
Trump’s Ending of Hunter Biden’s Security Detail Raises Questions About Who Gets Protection
-
News1 week ago
Zelenskyy says he plans to discuss Ukraine ceasefire violations in a call with Trump
-
Movie Reviews1 week ago
‘Novocaine’ Movie Review – InBetweenDrafts