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Louisiana environmental activist loses freedom of speech lawsuit against parish officials

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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.

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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.

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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.

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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.”

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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.”

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“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.



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Louisiana’s disappearing coast could shape Baton Rouge’s future

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Louisiana’s disappearing coast could shape Baton Rouge’s future


BATON ROUGE, La. (WAFB) – South Louisiana’s coast has long served as a natural buffer between communities and rising water.

But since the 1930s, Louisiana has lost nearly 2,000 square miles of coastal land.

Dr. Torbjorn Tornqvist, a professor at Tulane University, said Louisiana is one of the most vulnerable coastal areas in the world because of climate change, sea level rise and subsidence.

“Louisiana is arguably one of the most vulnerable… perhaps the most vulnerable coastal zones in the world when it comes to climate change and sea level rise… and there are several reasons for that but one important reason is that we have high subsidence rates, and that means sea level rise here is a lot faster than the average around the world,” Tornqvist said.

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Tornqvist is the lead author of a recently published study examining the long-term impacts of sea level rise across south Louisiana.

He said the issue is no longer limited to communities closest to the Gulf Coast.

“People are leaving the coast of Louisiana, but it’s going to accelerate over the course of the century. And those people are going to have to go somewhere, and it’s likely that a significant number are going to look at a place like Baton Rouge to move to,” Tornqvist said.

Since Hurricane Katrina, Louisiana has invested billions of dollars in large-scale restoration projects designed to reduce flood risk and strengthen the coast.

Some researchers believe those projects are important but not permanent fixes.

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“We have…right now we have a pretty high-quality flood protection system that’s obviously way better than it was during Katrina and we should certainly keep investing in upkeep, but we also have to recognize that’s only going to take us so far,” Tornqvist said.

State officials say those investments remain critical as Louisiana adapts to future flood risks.

Micheal Hare, executive director of the Coastal Protection and Restoration Authority, said the state’s coastal plan is designed to balance restoration work with protection projects, including levees.

“Our 2023 master plan certainly incorporates the best science available to us to then come up with a balanced approach between how do we effectively spend money on restoration as well as money on protection projects like levees,” Hare said.

Hare said those projects will continue to evolve as future risks change. CPRA and the Army Corps of Engineers are re-evaluating portions of the West Bank and Vicinity levee system in New Orleans to meet projected future flood risks within the next half-decade.

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“Morganza to the Gulf is a great example, location communities came together, they started funding it…so that protection is critical…It will constantly be maintained and constantly elevated to meet the new levels of threats and risks that are out there,” Hare said.

Coastal officials and researchers agree that what happens along Louisiana’s coast will continue to affect communities far beyond the shoreline for generations.

“And so maybe you don’t live behind the levee, but I promise you want those coastal communities to stay there and to keep working, and to stay productive and engaged…so that we don’t have to have these flood fights further north or lose parts of our economy,” Hare said.

Tornqvist said the decisions made now could shape the future of Louisiana communities.

“What’s really important to recognize is that the next few decades are basically going to decide the long-term future of cities like Baton Rouge,” Tornqvist said.

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Louisiana has always lived with water. As the coast changes and sea levels rise, the challenge is how communities across south Louisiana continue adapting for generations to come.

From the Gulf Coast to Baton Rouge, the future of Louisiana’s coastline is a conversation that impacts the entire state.

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Louisiana is the eighth most affordable state to retire, study says

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Louisiana is the eighth most affordable state to retire, study says




Louisiana ranks among the top 10 most affordable states to retire, according to a new study from Retirement Living, a national journal of retirement research.

Researchers analyzed each state’s housing costs, living expenses and tax friendliness to compile the ranking. Louisiana, they say, is the eighth most affordable state for retirees.

In Louisiana, the median monthly rent for a one-bedroom apartment is $932, the median home sale price is $255,000, monthly grocery spend per capita is $272, the average price per gallon of regular gas is $4, the average Medicare Advantage monthly premium is $13.35 and the average effective property tax rate is 0.55%.

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West Virginia is the most affordable state to retire, followed by Mississippi, Alabama, Oklahoma, Arkansas, Kentucky, Missouri, Louisiana, Indiana and Kansas. Researchers describe the South as “the sweet spot for an affordable retirement.”

The most expensive state to retire, meanwhile, is California, followed by Hawaii, Washington, Oregon, Colorado, New Jersey, Massachusetts, Utah, New York and Minnesota.

Read Retirement Living’s full report here.





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Louisiana agencies urge hurricane preparation ahead of season start

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Louisiana agencies urge hurricane preparation ahead of season start


BATON ROUGE, La. (WAFB) – With hurricane season approaching, the Louisiana Coastal Protection and Restoration Authority is bringing the community together to prepare before a storm forms.

“We can’t stop disasters from happening. We can’t stop hurricanes from happening. But what we can do is equip our communities with the resources that they need to prepare for these storms ahead of time,” said Jayda Morris, CPRA outreach manager.

The agency hosted an event featuring interactive storm simulations and a full model of the Mississippi River.

“If you do it now, like on a sunny day like today, you’re ready to go for the rest of the season,” Jay Grymes said.

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El Niño may reduce storms, but Louisiana still at risk

State Climatologist Jay Grymes said an El Niño pattern may reduce the number of storms in the Atlantic but warned against a false sense of security.

“In those 25 years, Louisiana, some part of the state has been impacted by 29 storms. That’s one a year, regardless of El Niño. So that should tell you something,” Grymes said.

He said the bigger concern is storms that can form in the Gulf with little warning.

“If we’re going to get a storm, it very possibly could be one that bubbles up in the Gulf and doesn’t give us five or seven days to track it coming our way. It gives us 40 hours to get ready for a landfall. So it’s imperative that you go ahead and do it now,” Grymes said.

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Preparation goes beyond stocking water

Preparing now includes walking through yards, checking trees, and knowing whether everyone in the family can survive two weeks without power.

PhD students with the LSU College of the Coast and Environment gave the community a virtual reality experience that puts users inside a storm.

“If they wear the goggles or play with the Apple Vision Pro, they can understand how high will the flood be, and they can know how dangerous is the hurricane scenario,” said Yixuan Wang.

The VR simulation uses real historical data to show users what compound flooding looks like in New Orleans and surrounding areas. The goal is to make the science real for people who can’t picture what a flood map means.

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“It’s just to let you understand the environment. We will add the audios, the different sound of the wind and the storm. And you can see how tense of the rainfall around you,” Wang said.

Organizers said the event is about making sure that when a storm threatens the area, families already know their plan.

Information from the event is available on CPRA’s website. Hurricane season runs through Nov. 30.

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