NEW ORLEANS — A federal jury in New Orleans has ruled in favor of St. John the Baptist Parish leaders in a First Amendment lawsuit brought by environmental justice activist Joy Banner. The verdict, delivered in the U.S. Eastern District of Louisiana, concluded that Parish President Jaclyn Hotard, Council President Michael Wright, and the parish itself did not infringe upon Banner’s freedom of speech or engage in retaliation against her.
During the trial, jurors deliberated for over three hours before determining that the officials did not impede Banner’s speech nor violate Louisiana’s Open Meetings Law in their handling of her during a council session in November 2023. Consequently, Banner will not receive any compensatory or punitive damages.
The case centered on an incident at a council meeting where Banner attempted to address the council regarding an attorney’s potential appointment to represent Hotard in an ethics investigation. The investigation pertained to the now-abandoned Greenfield grain terminal project. Banner’s attempt to speak was interrupted when Hotard instructed Wright to halt her speech. Wright then cited a statute suggesting potential fines or imprisonment for Banner’s continued speaking. After multiple attempts, Banner left the podium without finishing her intended remarks.
Cam Owens, a juror, cited a video recording of the council meeting as a crucial piece of evidence that helped the jury reach its verdict. Despite acknowledging that Banner was interrupted, Owens felt that she managed to express her points within the allotted three minutes. He remarked that while the interruptions were significant, they did not constitute a violation of Banner’s First Amendment rights, as she was ultimately able to speak.
Banner, a prominent figure in local activism, co-founded The Descendants Project with her twin sister Jo Banner. The organization aims to preserve the history of and advocate for Black communities in the River Parishes. The Banners were vocal critics of the Greenfield project, citing potential adverse environmental impacts on their community in Wallace.
Reacting to the verdict outside the courthouse, Joy Banner expressed mixed feelings, noting that while the case did not end in her favor, it highlighted transparency concerns regarding parish operations. She described the legal process as eye-opening and affirmed her commitment to continuing her advocacy work.
Further complicating the case, evidence presented during the trial included text messages suggesting that Hotard had kept her mother-in-law, who stood to benefit from related rezoning measures for the Greenfield project, informed about the developments despite previous denials of such communications.
William Most, Banner’s attorney, hinted that the revelations from the trial might prompt further legal challenges, particularly concerning the parish president’s potential conflicts of interest. Most also suggested that Hotard’s husband had financial ties to the land intended for the project.
Despite the setback in court, Banner vowed to maintain her presence at St. John meetings, underscoring the importance of transparency in parish governance as a rallying point for continued advocacy.
As this narrative unfolds, the issues raised in the trial continue to stir debates on governance and transparency in St. John the Baptist Parish.
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