An alarming trend in efforts by public agencies and public officials to shield themselves of public accountability via a tactic called strategic lawsuits against public participation (SLAPP) is being employed with more regularity in Louisiana.
The most recent manifestation of this strategy is the lawsuit by Louisiana Attorney General Jeff Landry (who, by the way, has championed transparency on the part of others) against the Baton Rouge Advocate-New Orleans Times-Picayune and its reporter Andrea Gallo.
So, what exactly did Gallo do that warranted legal action against her and her publications by the state’s top legal authority (a description, by the way, that goes far in illustrating just how bad it’s gotten in this state)?
Basically, she made a public record request Pursuant to LA. R.S. 44.1 (et seq.), which gives every Louisiana citizen of legal age the right to examine public documents that are not otherwise exempt from examination and/or copying.
Peter Kovacs, executive editor of the papers, said, “In my 40 years as an editor, I’ve never seen a journalist get sued for requesting a public record.”
Apparently, he hasn’t been paying attention.
As early as May 2015, judges in the 4th Judicial District (Ouachita and Morehouse parishes) FILED SUIT against the Ouachita Citizen newspaper after that publication made a public records requests for documents on whether 4th JDC Clerk Allyson Campbell destroyed or otherwise mishandled public records in a high-profile lawsuit in that court.
In June 2016, JOHN WHITE, thenserving as Louisiana Superintendent of Education, FILED SUIT against activists Mike Deshotels and Dr. James Finney over public record requests they made.
Not long after that, in August 2016, Terrebonne Parish Sheriff Jerry Larpenter employed criminal libel law that was no longer in force to justify a raid on the home of a local blogger who had the temerity to criticize the sheriff on his blog. The good news on that one was a federal judge blocked the sheriff, the blogger sued and won a $250,000 settlement from the sheriff.
In 2015, Lake Charles attorney RUSSELL STUTES, representing Calcasieu Parish’s Gravity Drainage District 8, sued Breaux Bridge contractor Billy Broussard because Broussard kept attempting to get the parish to pay him about $1 million for his work in cleaning out Indian Bayou following Hurricane Rita in 2005. Broussard also never got the money that was owed him. Broussard was placed under a restraining order PROHIBITING him from making public records requests or even being allowed to communicate with members of the gravity drainage district or the Calcasieu Parish Police Jury. Broussard also never got the money that was owed him.
That, apparently is what you can expect when the legal system is used to the advantage of those who know how to manipulate it.
Also in 2017, the mayor of Welsh, her daughter and son and the town’s police chief filed four separate lawsuits (using the same attorney) against Alderman JACOB COLBY PERRY who ultimately prevailed and collected attorney fees of about $16,000 from the four plaintiffs – all because he was asking questions about the town’s budget, something an alderman might reasonably be expected to do.
About that same time, I was also sued and won a judgment against the plaintiff for court costs and attorney fees.
The most flagrant violation of a citizen’s right to ask questions came in 2018 in VERMILION PARISH when a Kaplan middle school teacher was hauled out of a school board meeting and arrested because she asked why the local school superintendent was being given a health pay raise when teachers were not getting an increase.
That incident made national news and did nothing to enhance the public image of the local school board. Charges against the teacher were quickly dropped but the damage was done and the pollical fallout had begun. A 15th JDC judge nullified the $30,000 per year pay raise for Superintendent Jerome Puyau.
And of course, Attorney General Landry was quick to recognize the political capital to be gained by weighing in with his defense of openness, transparency, accountability and apple pie.
“…[E]very community has a stake in the performance and the governance of its public schools,” sniffed Landry. “The community’s views and thoughts should be taken into account before any action or discussion on an agenda item occurs.”
“Ms. Hargrave [the teacher in question] has been a dedicated public servant, educating our State’s youth and even earning Middle School Teacher of the Year Honors for her efforts. Her voice and the voices of her fellow teachers, who have not received a pay increase in many years despite growing class sizes, should have absolutely been heard.
“I applaud Judge Smith for remedying this injustice, including assurance the Board will abide by the laws and policies related to public comment at future meetings,” he said. “And I pledge to continue diligent enforcement of our Open Meetings Law.”
Well, that certainly sounded good and wholesome at the time.
But that was then and now the shoe is on the other foot and it’s a horse of a different color (check back for future clichés as they occur to me).
Landry is first, last and always, a political animal whose first instincts are survival – not the self-serving claim of protecting the public’s interests.
It now seems that when one of those “fake news” reporters gets too close, the attorney general must finally turn his attention from trying to get Trump back in office by encouraging (through the National Association of Attorneys General) a riotous INVASION of the U.S. Capitol back on Jan. 6 to protecting his own turf.
So, as a result of reporter Gallo’s Dec. 14 public records request of copies of sexual harassment complaints against Pat Magee, director of the criminal division for Landry’s office, the only logical thing to do was to filed suit to block Gallo’s request.
Magee was put on administrative leave by letter of Jan. 19 and an official investigation was initiated. But here’s the really wild part: in a state racked with the costs of hurricanes and a pandemic during 2020, where state sales tax revenues have taken a hit, Landry sees fit to spend money the state can’t afford by engaging the services of Taylor Porter, one of the big-dollar law firms in Baton Rouge, to conduct its investigation of allegations against Magee when a smaller, less expensive law firm could do the same job at far less cost. (Pre-2008 and pre-Jindal reforms, I would suggest letting the State Ethics Board look into the allegations but that possibility is but a distant, fading dream.)
Both Magee and Landry hail from the Lafayette area and both attended Southern University Law School together and Magee is a member of the Southern University Board of Supervisors. He earns about $140,000 per year as head of the Criminal Division.
In seeking the complaints, the newspaper offered to make concessions to protect the identity of complainants. “We would invite redaction of the initial complaint to protect the identity of the victim, but that is the only privacy interest even arguably applicable,” said Advocate-Picayune attorney Scott Sternberg.
But Landry would rather sue to block any public accountability.
Louisiana Voice 
Considering the source of this bizarre lawsuit, it appears that AG Landry is following in the footsteps of long ago LA attorney general Jack P.F. Gremillion, of whom then Gov. Earl Long said “If you want to hide something from Jack Gremillion, put it in a law book.”
We have clearly now reached the point where civil law equates to general guidelines about what one should do. If one chooses to do as one pleases the only remedy is the court system and, even there, the outcome is not easily predictable. Will criminal law follow? To what extent has it already done so?
Landry’s action in this matter is, in my opinion, absolutely inexcusable, and I firmly believe he is allowing his known friendship with Magee to cloud his judgment.
http://www.laboards-commissions.com/Injunction_Broussard.pdf.
Stutes, who illegally filed the injunction without a vote of either the gravity district or the Police Jury, was attempting to stop Broussard from gathering documents that plainly indicated that gravity district management knew full-well that ineligible debris was being removed, and emails were sent admitting that they had ordered and directed Broussard to continue removing debris whether it was eligible or not. Then they made application to FEMA for funds to be reimbursed and, accordingly to Broussard (with documentation to back it up), they diverted his funds to pay their own on-staff workers for debris removal which was not even located on the Army Corps Wetland Permit.
Jeff Landry is SO transparent you can literally see right through him!
This organization gives Louisiana a grade B for anti-SLAPP protection. Imagine what it must take to earn a grade F, like our neighbors Mississippi and Alabama. anti-slapp.org
Excellent question!!!! Our own AG is setting the gold standard for SLAPP suits with this one. While The ADVOCATE is not showing signs of intimidation in light of the ridiculousness of the suit, others will find encouragement in his action. Our grade should immediately go to F- as a result.
Landry has no judgment, intellect or character. He is a Trumpite to the core. He is a narcissist. Tom, you can trace this to ALEC, and the Jindalites, and Timmy Teeple group. Mr. Winham is correct. The use of taxpayer money to promote themselves via lawsuits and naming the AG as the lawyer for the Ethics and Campaign Finance makes money(power) for both parties. Need serious reform. I note that Landry had to hire Taylor Porter which is a must when there is an obvious conflict. Keep us the great work. thanks ron thompson