December 2006

Frontlines

Illinois daily hit with $7 million libel verdict

CHICAGO, Ill. — A Kane County jury decided a small local newspaper should pay $7 million to Illinois Supreme Court’s Chief Justice Robert Thomas for defaming him in two columns published three years ago, the Chicago Tribune reported.

The newspaper found to be at fault, the Kane County Chronicle, is a daily paper owned by the Shaw Newspaper Group. It circulates mostly in St. Charles, Geneva and Batavia, Ill. Its circulation is about 14,000, down from 38,000 in 2003

Judge says libel limits for online stories 1 year

DALLAS — A federal judge dismissed a defamation case against The Dallas Morning News in a ruling that could have a significant impact on libel actions against online publications.

The Morning News reported that U.S. District Judge David Godbey of Dallas ruled Oct. 16 that Texas’ one-year statute of limitations on libel actions begins when an article is first posted on the Internet and ends a year later even if the article remains available on the Internet.

The one-year statute on libel cases has long been standard in cases involving traditional print media. But Judge Godbey’s decision marked one

of the first times a judge in Texas has ruled on how the statute should be applied to online articles, an important legal question in an increasingly wired world.

The judge’s decision echoes a recent ruling by U.S. District Judge Sam Sparks of Austin. Citing court rulings from other states, Judge Sparks dismissed a case earlier this year in which an Austin man said an online publication defamed him in 2003, the News reported.

City officials question meeting without notice

NOLANVILLE — A councilman and the city secretary allege that the mayor and three councilmen recently circumvented the state’s open meeting law regarding the corrective action and termination of city employees, the Killeen Daily Herald reported.

The officials said a recent a meeting would violate the Texas Open Meetings Act because the group would constitute a quorum and the meeting was not posted.

Appeals court reaffirms city broke meeting law

LAREDO — A state appeals court has affirmed Judge Raul Vasquez’s ruling that the city council violated the Texas Open Meetings Act in February 2004 when it discussed buying property that ended up temporarily thwarting the county’s plans to build a fifth international bridge, the Laredo Morning Times reported.

The discussion was held in executive session, and a lawsuit was filed by local residents, claiming the discussion should have been held in open session and that there wasn’t proper notice given about the subject of the executive session.

Vasquez, and now the appeals court, agreed and ruled the discussion illegal. The City of Laredo could appeal to the Texas Supreme Court

City runs background check on requester

HURST — The city apologized after running a background check on a man who filed an open records request, the Fort Worth Star-Telegram reported.

Mike Rivera Ortega filed a request seeking information on city employees at the municipal recreation center that his children attend. But a week later he learned the city conducted a full background check on him.

The city told the Star-Telegram that the check had been a mistake because they were trying to determine if he lived in the city limits.

Ortega is a former Tarrant County prosecutor, the newspaper reported

City must release records on Cowboys’ stadium

ARLINGTON — The state attorney general has ordered the city to release records about the Dallas Cowboys stadium and Glorypark

town center to an Arlington woman concerned about the impact the developments could have on flood-prone Johnson Creek, the Fort Worth Star-Telegram reported.

According to the attorney general’s opinion, the city had asked to withhold documents, citing developers’ interests. The attorney general opinion stated that all the requested records had to be turned over to an Arlington woman who requested them because the city’s letter to withhold them was postmarked Aug. 10, one day past the 15 business days allowed by state law.

Eanes support lawsuit; Lake Travis loses case

EANES — The Eanes school district authorized its attorney to file a friend of the court brief supporting neighbor Lake Travis school district’s lawsuit against voluminous records’ requests, the Austin American-Statesman reported.

The Lake Travis district sued David and Melissa Lovelace after the couple filed more than 2,200 requests for information.

Eanes is not a party in the suit but the brief detailed how the district also has been subject to hundreds of requests.

Meanwhile, the Lake Travis school district lost a round after Travis County District Court Judge Suzanne Covington granted a request from the Lovelaces to dismiss the lawsuit because the Legislature would have to amend the law first. The district planned to discuss the issue with legislators and may appeal, the American-Statesman reported.