Publisher: Louisiana Illuminator (Wesley Muller)
Date Published: June 14, 2024
Relevant To: Public records law weakening precedent; custodian liability removal as a cautionary model
Verification Status: Verified
Notes: Confirmed via full-text fetch. IMPORTANT DATE NOTE: this article is from June 14, 2024, not 2026 — an older piece, despite being sent as part of a current batch; likely still being shared/recirculated as relevant context. Louisiana Gov. Jeff Landry signed House Bill 768 (sponsored by Rep. Les Farnum, R-Sulphur), which removes personal liability from government records custodians who unreasonably withhold public records or fail to respond to requests. The repealed statute had allowed courts to fine a non-compliant custodian $100/day plus the requester’s attorney fees when sued. First Amendment attorney Scott Sternberg (representing the Louisiana Press Association) noted this may not meaningfully worsen practice since courts rarely enforced the custodian liability provision anyway — but it removes even the theoretical deterrent. Described as one of several bills that session, mostly governor-backed, weakening or repealing Louisiana’s public records law, which has been gradually eroded with hundreds of exemptions since its 1940 enactment. DIRECTLY RELEVANT to BPA’s own PRA-based methodology and advocacy: a clear cautionary example of a state legislature/governor systematically weakening the enforcement mechanism behind public records law — useful comparative context when discussing the importance of ORS 192 (Oregon’s public records law) enforcement provisions and any efforts to weaken them in Oregon.