Connect with us

Louisiana

Louisiana environmental activist loses freedom of speech lawsuit against parish officials

Published

on

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.

Advertisement

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.

Advertisement

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.

Advertisement

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.”

Advertisement

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.”

Advertisement

“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.



Source link

Advertisement

Louisiana

Louisiana considers opening recreational alligator hunting season

Published

on

Louisiana considers opening recreational alligator hunting season


play

  • Louisiana lawmakers are considering a bill to create a recreational alligator hunting season.
  • The proposed season would be open to 5,000 lottery-selected hunters annually, with a two-gator limit.
  • Louisiana’s wild alligator population has grown to over 2 million, a significant conservation success.
  • Recreational hunters would be limited to using a hook and line from land.

Louisiana may expand its wild alligator harvesting opportunities to recreational hunters if the Legislature passes a bill that secured unanimous approval in a committee hearing March 11.

Franklin state Sen. Robert Allain’s Senate Bill 244 would authorize the Louisiana Wildlife Commission to create a recreational season that would be open to 5,000 hunters annually, each with a two-gator limit.

Advertisement

The state already has a commercial hunting season for alligators, which is chronicled in the popular “Swamp People” TV reality series.

“We think the time is right,” Louisiana Department of Wildlife and Fisheries Secretary Tyler Bosworth testified during the Senate Natural Resources Committee hearing. “We want to provide a recreational opportunity for the common folk of Louisiana.”

Louisiana’s alligator population has exploded in the past 50 years from fewer than 100,000 to more than 3 million today. Of those, about 2 million are wild with another 1 million farmed.

That’s at least twice the population in Florida, the state with the second most number of alligators.

Advertisement

And their Louisiana numbers have grown throughout the state where they can be commonly spotted from Lake Martin in Breaux Bridge to Caddo and Cross lakes in Shreveport to Caldwell Parish in northeastern Louisiana.

“This is a conservation success story on the highest level,” LDWF general counsel Garrett Cole said during the hearing. “This would create a true recreational opportunity outside our commercial season.”

Garrett said hunters would compete for hunting tags through a lottery will statewide opportunities. Recreational hunters would be limited to hook and line harvesting from land. No gators could be taken by boat as commercial hunters are allowed to do.

If approved, the first season could take place beginning Oct. 1.

Advertisement

Greg Hilburn covers state politics for the USA TODAY Network of Louisiana. Follow him on Twitter @GregHilburn1.



Source link

Continue Reading

Louisiana

How a sinkhole caused a whirlpool and formed Louisiana’s deepest lake

Published

on

How a sinkhole caused a whirlpool and formed Louisiana’s deepest lake


play

While Louisiana’s largest lake, the Toledo Bend Reservoir, spans 1,200 miles of shoreline, the state’s deepest lake only spans 1,125 acres.

Lake Peigneur is the deepest lake in Louisiana, with a depth measuring approximately 200 feet.

Advertisement

Lake Peigneur is a brackish lake, meaning it contains saltwater but has less salinity than seawater, located in New Iberia Parish in South Louisiana.

How did Lake Peigneur become the deepest lake in Louisiana?

Lake Peigneur was not always considered the deepest lake in Louisiana, as it was only a 10-foot-deep freshwater lake 40 years ago.

On Nov. 20, 1980, an oil rig crew was attempting to free a 14-inch drill bit when they heard popping noises and the rig began to tilt. Shortly after the crew abandoned the rig and headed for shore, the crew watched the 150-foot oil rig disappear into the 10-foot-deep lake.

Soon, a whirlpool formed in place of the oil rig. The whirlpool grew rapidly until it was able to suck up nearby boats, barges, trees, a house and half an island.

At the same location of the oil drilling site, there was also a salt mine, and when the whirlpool formed after the oil rig collapsed, the mine began to fill with water. As the whirlpool grew, water was able to enter the mine at such a force that it caused a geyser to spew out of the mine’s opening for hours until the lake was drained.

Advertisement

After the lake was emptied, the Delcambre Canal began to flow backward, marking the only time in history that the Gulf of Mexico flowed into the continental U.S. This backflow continued until the entire mine and lake were filled with water, except now the lake was filled with saltwater, according to an article published on Louisiana Tech Digital Commons.

Can you swim in Lake Peigneur?

Before the oil rig and salt mine accident, Lake Peigneur was a popular spot for fishing and recreational activities. However, since the lake is almost entirely surrounded by private property, visitors will have to enter the nearby Rip Van Winkle Gardens in order to get a closer look, according to Atlas Obscura.

While there are no reports indicating the lake is unsafe, the lake is not exactly developed for public access. However, there are things to do around Lake Peigneur, like visiting Rip Van Winkle Gardens on Jefferson Island, or visiting Avery Island to tour the Tabasco Factory.

Advertisement

Presley Bo Tyler is a reporter for the Louisiana Deep South Connect Team for USA Today. Find her on X @PresleyTyler02 and email at PTyler@Gannett.com



Source link

Continue Reading

Louisiana

Officials confirm Pensacola Beach residue is algae, not oil from Louisiana spill

Published

on

Officials confirm Pensacola Beach residue is algae, not oil from Louisiana spill


PENSACOLA BEACH, Fla. — A local fisherman raised concerns about the substance now coating Opal Beach, citing a recent oil spill off the coast of Louisiana.

WEAR News went to officials with the Gulf Islands National Seashore and Escambia County to find out the cause.

They say it’s not related to an oil spill, but is in fact algae.

The Marine Resources Division says they can understand beachgoers’ concerns, and hope to raise awareness.

Advertisement

“You don’t even want to get near it because it’s so gooey and sticky,” local fisherman Larry Grossman said. “It was accumulating on my beach cart wheels yesterday, and it felt like an oil product.”

Grossman messaged WEAR News on Monday after noticing something brown and oozy in the sand. He says it started showing up by Fort Pickens and stretched down to Opal Beach.

Grossman said a park service employee told him it could be oil from a recent spill in Louisiana. So he took a message to social media, sparking some reactions and raising questions.

“it certainly didn’t seem like an algae bloom because I was in the water, I caught a fish and I put some water in the cooler to keep my fish cool and it almost looked like oil in it,” Grossman said. “I know some people think it’s an algae bloom, but it certainly smelled and felt and looked like oil.”

A Gulf Islands National Seashore spokesperson confirmed to WEAR News on Tuesday that the substance is algae.

Advertisement

WEAR News crews were at the beach as officials with the Escambia County Marines Resources Division came out take samples.

“What I found here washed up on the beach is some algae — filamentous algae, single celled algae — that washed ashore in some onshore winds,” said Robert Turpin, Escambia County Marines Resources Division manager. “This is the spring season, so with additional sunlight, our plants, they grow in warmer waters, with plenty of sunlight.”

Turpin says this algae is not harmful.

He also addressed the concerns that this could be oil, saying he’s familiar with what oil spills look like.

He says he appreciates when people like Grossman raise the concerns.

Advertisement

“The last thing in the world we want is something to gain traction on social media that is faults in nature that could harm our tourism,” Turpin said. “Our tourism is very important to our economy, and we want to give the right information out to the public so we all enjoy the beaches and enjoy them safely.”

Turpin says if you see something or suspect something may be harmful on the beach, avoid it and contact Escambia County Marine Resources.



Source link

Continue Reading

Trending