Louisiana
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.
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.
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.
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.
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.
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.
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.
“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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BATON ROUGE, La. (WAFB) – Louisiana homeowners can get financial help to upgrade their roofs and ensure they can better stand up to strong storms.
According to the Louisiana Department of Insurance, registration for next Louisiana Fortify Homes Program lottery opens at 8 a.m. on Monday, June 1. The registration period will stay open through 5 p.m. on Friday, June 19.
Under the latest round of the program, 3,000 grants of up to $10,000 will go out. After applying, homeowners will get placed into a lottery and will be randomly selected.
There are many specific benefits of having a roof upgraded through the Louisiana Fortify Homes Program. Officials said the roofs have stronger shingles that can protect against hail up to two inches wide, sealed roof decks to help prevent water damage, and stronger edges to keep wind from getting underneath.
Homeowners with a fortified roof can also get a certificate to receive a discount on insurance premiums.
“At the end of the day, this program is about more than just roofs,” said Louisiana Insurance Commissioner Tim Temple. “It is about protecting families, it is about strengthening communities, and it is about putting Louisiana in a stronger position—both physically and economically—to face the challenges ahead.”
Only people living in Ascension Parish, Livingston Parish, Assumption Parish, Tangipahoa Parish, Acadia Parish, Calcasieu Parish, Cameron Parish, Iberia Parish, Jefferson Parish, Jefferson Davis Parish, Lafayette Parish, Lafourche Parish, Orleans Parish, Plaquemines Parish, St. Bernard Parish, St. Charles Parish, St. James Parish, St. John the Baptist Parish, St. Martin Parish, St. Mary Parish, St. Tammany Parish, Terrebonne Parish, and Vermilion Parish are eligible to apply for the latest round of the program.
People living in a newly built home, mobile home, or condominium are not qualified.
For a detailed list of eligibility requirements, click here.
If a person registered for the program previously, he or she must do so again. The person will also need to provide the following information:
- A homestead exemption on the primary residence.
- A policy of insurance that provides wind coverage for the primary residence.
- A flood insurance policy on the primary residence if it is in a special flood hazard area.
For more information about applying, click here.
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Watch the latest WAFB news and weather now.
WATCH: Louisiana baseball HC, players talk series win vs No. 20 Coastal Carolina
Hear from UL baseball’s HC Matt Deggs, pitcher Ty Roman and infielder Owen Galt following its 2-1 series win vs Coastal Carolina.
For the second day in a row, Louisiana baseball has its back against the wall in the NCAA Tournament Starkville Regional.
The No. 25 Ragin’ Cajuns (40-24) secured their 40th win of the season and kept their postseason dreams alive by beating Lipscomb 10-4 in an elimination game on Saturday, May 30. Now, the pressure is back on for seventh-year coach Matt Deggs and his squad as they face No. 24 Cincinnati (38-21) in another win-or-go-home matchup on Sunday, May 31 in Starkville, Mississippi.
Against the Bisons, UL used four pitchers, and in total has used seven of its arms so far in tournament play. One of the Cajuns’ fresh arms heading into the matchup against the Bearcats is senior Andrew Herrmann. The lefty made his latest appearance during the Cajuns’ Sun Belt Conference tournament run on May 24.
While the Cajuns come into the match with some momentum, Cincinnati enters the match with a chip on its shoulder after losing its first game of the tournament on Saturday against regional host Mississippi State.
Watch Louisiana baseball vs Cincinnati on ESPN+
What channel is Louisiana baseball vs Cincinnati on?
TV: None
Livestream: ESPN+
Radio: Varsity Network, 96.5 FM
Louisiana vs. Cincinnati will be available live on ESPN+ streaming for the first game of Day 3 of the Starkville Regional. Jack Kizer and Jack DeLongchamps will provide commentary from Dudy Noble Field.
What time does Louisiana baseball play Cincinnati?
Date: Sunday, May 31
Time: 2 p.m. CT
Location: Dude Noble Field, Starkville, Mississippi
The Louisiana vs. Cincinnati game starts at 2 p.m. Sunday at Dudy Noble Field in Starkville, Mississippi.
Starkville Regionals schedule
Friday, May 29
- Game 1: Mississippi State 10, Lipscomb 1
- Game 2: Cincinnati 12, Louisiana 2
Saturday, May 30
- Game 3: Lipscomb 4, Louisiana, 10
- Game 4: Mississippi State vs Cincinnati, 8 p.m. CT
Sunday, May 31
- Game 5: Louisiana vs Cincinnati, 2 p.m. CT
- Game 6: Winner G5 vs Mississippi State, 7 p.m. CT
Monday, June 1
- Game 7: If necessary, TBD
Shannon Belt covers high school sports and the Louisiana Ragin’ Cajuns for The Daily Advertiser as part of the USA TODAY Network. Follow her high school and Cajuns coverage on Twitter: @ShannonBelt3. Got questions regarding HS/UL athletics? Send them to Shannon Belt at sbelt@gannett.com.
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