Louisiana Legislature Pushes Bills to Curtail Public Records Law, Threatening Transparency and Vigilance

Baton Rouge, Louisiana – The Louisiana Public Records Law, which plays a crucial role in maintaining transparency and accountability in government, is threatened by a wave of bills currently being considered in the state legislature. If these bills pass, they could undermine the public’s access to vital information. Without a strong public records law, there can be no vigilance from citizens, leaving room for potential misconduct and secrecy.

One bill of particular concern is Senate Bill 482, introduced by Sen. Heather Cloud. This bill seeks to revive and expand upon former Gov. Bobby Jindal’s “deliberative process” exception, which allowed him to conceal his decisions from public scrutiny. If SB 482 becomes law, important revelations such as New Orleans Mayor LaToya Cantrell’s taxpayer-funded first-class flights and LSU’s mishandling of sexual abuse cases involving athletes would remain hidden. This bill must not gain any further traction in the legislative process.

Another problematic bill, House Bill 768, seeks to repeal the provision that holds custodians of public records personally accountable for withholding or failing to respond to public records requests. Such a repeal would give public officials no incentive to produce public records and would burden taxpayers with the cost of legal fees incurred by officials who violate the law. The House and Governmental Affairs Committee has already endorsed this bill, highlighting the urgent need for senators to prevent its passage.

Senate Bill 423, introduced by Sen. Jay Morris, initially appears innocuous as it aims to prevent bad-faith records requests from out-of-state political committees. However, the bill’s requirement that anyone requesting a public record must be a “Louisiana citizen” would inadvertently restrict access to vital business records for national banks, oil companies, mortgage lenders, and other entities. If amended properly, this bill could strike a balance between preventing abuse and preserving necessary access.

In the wake of 9/11, the late Judge Damon J. Keith emphasized the importance of open democracies, stating, “Democracies die behind closed doors.” He championed the media’s role in ensuring that the public is informed of government actions. As Louisianans, it is crucial for us to speak out against these proposed bills that threaten to shroud our state in darkness, contradicting the principles of transparency and accountability. Our collective voice can help preserve the public’s right to know and hold our elected officials accountable.