Activist sues Austin over housing deal, claims Open Meetings Act violation
By Andra Lim Austin American-Statesman Originally published Feb. 10, 2016 A judge should void an affordable housing deal, in which several Austin City Council members said they unknowingly waived up to $106.3 million in city fees, because the lack of public notice violated the Texas Open Meetings Act, said a lawsuit filed Wednesday by civic activist Brian Rodgers. Rodgers started asking questions last month about the deal, which was approved [...]
Editorial: Investigation can determine whether mobility authority broke open meetings law
By Editorial Board Austin American-Statesman Originally published Feb. 6, 2016 The Central Texas Regional Mobility Authority again has come under fire regarding concerns about whether it is doing the public’s business in secret. At this point, there are few options in getting answers from CTRMA officials, whose statements to Travis County commissioners last week triggered questions about whether they are violating the Texas Open Meetings Act. The CTRMA is an [...]
Concerns raised about accessibility of police body cam footage
By St. John-Barned Smith Houston Chronicle Originally published Feb. 7, 2016 Months after statewide body camera legislation took effect and the Houston Police Department outlined its policies regarding the devices, local criminal justice watchdogs worry that some video from high-profile incidents may never see the light of day. At issue, they say, are provisions in the law that could stymie requests for camera footage, privacy protections, and local departmental reluctance [...]
Austin Music Census data to remain private
By Kevin Curtin Austin Chronicle Originally published Feb. 1, 2016 A drawn-out open records dispute over results from last year’s Austin Music Census has come to a conclusion as Texas’ Attorney General ruled that Titan Music Group, who the city contracted to conduct the survey, isn’t required to turn over the raw data to parties making public information filings. Cindy Royal, a Texas State University professor, initially filed a public [...]
Commissioner says toll road agency appears to be violating Open Meetings Act
By Sean Collins Walsh Austin American-Statesman Originally published Feb. 2, 2016 Travis County Commissioner Brigid Shea on Tuesday called for an investigation into whether the Austin area’s toll road agency is habitually violating the Open Meetings Act. Shea, a vocal critic of the Central Texas Regional Mobility Authority, said that Charles Heimsath, an agency board member, made statements last week that indicated the authority regularly violates the Open Meetings Act, [...]
Court: State can deny fund for ‘Machete’ movie producers
By Jamie Lovegrove The Texas Tribune Originally published Jan. 29, 2016 A Texas appeals court ruled Friday that the Texas Film Commission acted within its authority when it decided after the release of the film "Machete" to deny its producers state incentive funds because of the movie's negative portrayal of Texas. The 2010 Robert Rodriguez film starred Danny Trejo as a former Mexican Federale turned vigilante who accepts a hit [...]
Judge: County must pay newspaper’s legal expenses
By Wes Gardner Fort Bend Herald Originally published Jan. 26, 2016 Visiting Judge Larry Wagenbach denied a motion Monday that would have required the Fort Bend Herald to pay thousands of dollars in attorney’s fees for the release of information deemed to be public record. The decision means The Herald is eligible to receive attorney’s fees from Fort Bend County if county officials do not appeal the judge’s decision. For [...]
FOI Foundation annual state conference set for Sept. 8
The FOI Foundation of Texas will hold its 2016 state conference Thursday, Sept. 8, at the AT&T Executive Education and Conference Center at the University of Texas at Austin. The annual event brings together journalists, citizen activists, attorneys and government employees to share ideas and examine the latest trends in open government and the First Amendment rights of free speech and press. The conference also features presentation of the James [...]
Questions raised in sex assault case as Bexar sheriff refuses to release basic report
By Brian Chasnoff Metro Columnist San Antonio Express-News Originally published Jan. 18, 2016 Last month, Bexar County Sheriff Susan Pamerleau seemed to acknowledge the role the media can play in cases of potential officer misconduct. Previously, her office had refused to release to the media even a basic incident report of a fatal deputy-involved shooting. That day, after a grand jury declined to indict two deputies in the shooting of [...]
Paxton prosecutors sue Paxton’s agency to block records
By Chuck Lindell Austin American-Statesman Originally published Jan. 14, 2016 In an unusual and head-spinning twist, prosecutors in the criminal case against Texas Attorney General Ken Paxton sued the attorney general’s office Thursday to block the release of sensitive case information that could hinder Paxton’s defense but that his own agency ordered to be turned over to a Texas newspaper. Go ahead, read that sentence again. The latest twist began [...]
U.S. House backs bill to update FOIA as report faults Obama administration
By Matthew Daly Associated Press via U.S. News and World Report Originally published Jan. 11, 2016 WASHINGTON (AP) — The House approved legislation Monday making it easier to obtain government records, as a new congressional report concluded that the freedom of information process under the Obama administration is broken and in need of serious change. The bill, approved by a voice vote, would require government agencies to make information available [...]
Judge tells two newspapers to preserve emails in capital murder case
By Claire Osborn Austin American-Statesman Originally published Jan. 7, 2015 GEORGETOWN — A Williamson County judge ordered the publishers of two newspapers Thursday to preserve any emails they had received this fall from District Attorney Jana Duty about the controversial Crispin Harmel murder case. There has been an order since April prohibiting lawyers involved in the case from talking to reporters about it. Duty has already served time in jail [...]
Journalist entries sought for 2016 Texas Gavel Awards
Entries sought for 2016 Texas Gavel Awards -Annual Awards Recognize Journalistic Excellence in Legal Reporting- AUSTIN — Submissions are sought for the 2016 Texas Gavel Awards, which honor outstanding journalism that fosters public understanding of the legal system. Entries published or broadcast during the 2015 calendar year will be accepted for print, broadcast, and online categories until 5 p.m. April 1. There is no entry fee. Awards will be presented [...]
Dallas attorney files brief in First Amendment case about hip-hop
By Texas Standard KUT-FM Originally published Jan. 5, 2016 What do three Atlanta-based rappers, a professor from the University of Richmond and a 50-year-old lawyer in Dallas have in common? No, this isn't the beginning of a bad joke – these men have all stepped up to protect the speech rights of Taylor Bell, a young man that was suspended from his high school for recording a song that alleged [...]
Texas didn’t violate First Amendment when it denied film grant, court rules
By John Council Texas Lawyer Originally published Dec. 31, 2015 Texas officials did not forbid the producers of a B-grade action movie from filming inside the Lone Star State but "merely opted not to subsidize the film with Texas taxpayer funds," according to Judge Catharina Haynes. In a ruling certain to disappoint those who want to film B-grade action movies in Texas on the cheap, the U.S. Court of Appeals [...]
Denton City Council repeals ordinance after allegation it violated free speech
By Jenna Duncan Denton Record-Chronicle Originally published Dec. 15, 2015 The Denton City Council voted unanimously to repeal a nearly 10-year-old ordinance stating that council members who spoke about closed session items outside of the session could face criminal charges. While the agenda said the council would consider amending the ordinance to remove any criminal penalties, council member Kevin Roden moved to take the ordinance off the books altogether. He [...]
AG: Full juvenile consultant contract can be withheld
By Jessica Priest Victoria Advocate Originally published Dec. 15, 2015 The Victoria Advocate will not receive a copy of District Attorney Stephen Tyler's full contract with a consulting firm he hired to analyze the juvenile detention center. The Texas Attorney General's Office ruled Monday that the contract is excepted from disclosure. The AG's Office ruled that Tyler established the contract was privileged attorney-client communication under Texas Rule of Evidence 503 [...]
Judge dismisses UT regent Hall’s suit seeking access to admissions records
By Matthew Watkins The Texas Tribune Originally published Dec. 15, 2015 A state district judge on Tuesday threw out a lawsuit by University of Texas System Regent Wallace Hall that sought to force the system to turn over records related to an admissions scandal. Soon after, Hall's lawyer declared that his client is appealing, meaning the case is far from over. In a one-page order, Judge Scott Jenkins of Travis [...]
HCC board hired lawyer without vote
By Benjamin Wermund Houston Chronicle Originally published Dec. 14, 2015 As conflict roiled the upper reaches of Houston Community College early last year, the institution's board chairman, Neeta Sane, told her fellow trustees during a closed-door session that they needed to hire an outside lawyer to negotiate a contract for an incoming chancellor. The attorney, Vidal Martinez, would come to do much more and earn a total of $200,463 in [...]
Judge to rule on Wallace Hall’s suit for documents next week
By Bobby Blanchard The Dallas Morning News Originally published Dec. 10, 2015 AUSTIN — The judge presiding over UT Regent Wallace Hall’s lawsuit said in court on Thursday he would issue a ruling next week on whether University of Texas System Regent Wallace Hall has the right to records he requested from the system months ago. Hall wants records underlying an independent report that found several dozen underqualified students were [...]