New Orleans Bulldog Society v. Louisiana Society for the Prevention of Cruelty to Animals

200 So. 3d 996, 2015 La.App. 4 Cir. 1351, 2016 La. App. LEXIS 1638, 2016 WL 4698255
CourtLouisiana Court of Appeal
DecidedSeptember 7, 2016
DocketNo. 2015-CA-1351
StatusPublished
Cited by5 cases

This text of 200 So. 3d 996 (New Orleans Bulldog Society v. Louisiana Society for the Prevention of Cruelty to Animals) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New Orleans Bulldog Society v. Louisiana Society for the Prevention of Cruelty to Animals, 200 So. 3d 996, 2015 La.App. 4 Cir. 1351, 2016 La. App. LEXIS 1638, 2016 WL 4698255 (La. Ct. App. 2016).

Opinions

EDWIN A. LOMBARD, Judge.

|tThe issue before the court in this appeal is whether the trial court erred in finding that (1) the defendant/appellee, the Louisiana Society for the Prevention of Cruelty to Animals (“LSPCA”), was not a quasi-public entity .such that it is subject to the Louisiana Public Records Law1 and (2) that, even assuming the LSPCA was a quasi-public entity, all reporting obligations under the Public Records Law had been met when it complied with reporting requirements of CEA, After review of the record in light of the applicable law and arguments of the parties, we find that the trial court erred in both parts and, accordingly, reverse the trial, court judgment granting the LSPCA’s motion to dismiss with prejudice the petition for a writ of mandamus filed by the plaintiff/appellant, the New Orleans Bulldog Society a/k/a New Orleans Bully Rescue (“the Bulldog Rescue”).

Relevant Facts and Procedural History

The Bulldog Rescue is a nonprofit corporation organized under Louisiana law to advocate for dog welfare in New Orleans and elsewhere. To determine the best use of its limited resources in limiting the number of dogs euthanized 12annually, the Bulldog Rescue sought information related to the dogs euthanized by the LSPCA, sending a public records request on May 29, 2015, to the City of New Orleans with a copy of the request sent directly to the LSPCA. The Bulldog Rescue itemized its request as follows: Requests 1-32 sought specific information as to the LSPCA definitions, policies, procedures, and outcomes related to the evaluation, adoption, and/or euthanasia of surrendered/stray animals in control of the LSPCA; Requests 33-34 related specifically to an Cane Corso named Leatrice euthanized by the LSPCA in December 2014; Request 35 requested documents related to the “staff. hours spent by LSPCA Animal Control Officers travelling, waiting, and appearing in court in Orleans Parish; and Requests 36-37 sought documents and emails regarding the Bulldog Rescue’s “Animal Court” proposal to streamline animal-related cases before the municipal court in New Orleans.

By letter from the City Attorney’s office dated June 4, 2015, the City responded that the City was not custodian of these records and that the records request should be directed to the LSPCA. Accordingly, on June 5, 2015, the Bulldog Rescue sent the public records request directly to the LSPCA. On June 10, 2015, the LSPCA responded by letter (signed by LSPCA Chief Executive Officer Ana Zoril-la), declaring that the LSPCA was not a “public body” and, thus, not subject to the Public Records Law. According to Ms. Zorilla, the only reporting required of the LSPCA was delineated in the Cooperative Endeavor Agreement (“CEA”) between the LSPCA and City of New Orleans and that report | ¡¡(fulfilling the CEA reporting requirements) had been submitted to the City and was available -through the City Attorney’s office.

[999]*999On July 22, 2015, the Bulldog Rescue filed the instant petition for writ of mandamus in the district court, seeking a declaratory judgment and injunctive relief pursuant to the Public Records Law. In response, the LSPCA filed exceptions of unauthorized use of summary proceeding and no cause of action, requesting that the plaintiffs petition be dismissed with prejudice pursuant to La. Code Civ. Proc. art. 1672. In support of its exceptions, the LSPCA attached: (1) an affidavit by Ms. Zorilla; and (2) a copy of the CEA.

After a hearing on September 17, 2015, the trial court orally granted the defendants’ oral motion to dismiss the plaintiffs petition for writ of mandamus, finding (1) that the LSPCA was not a quasi-public entity under the Public Records Law and (2) that, even assuming the LSPCA was a quasi-public entity, all reporting obligations under the Public Records Law had been met when the LSPCA complied with the CEA reporting requirements. The trial court issued its written judgment on September 28,2015.

The Bulldog Rescue filed this timely devolutive appeal.

Assignment of Error 1

The Bulldog Rescue argues that the trial court erred in finding that the LSPCA is not a quasi-public nonprofit corporation under the Public Records Law and, therefore, not subject to the public right of access to its records. We agree.

14Applicable Law

Public access to public records is a fundamental right guaranteed by our state constitution. La. Const, art. 12 § 3. This constitutional right must be construed liberally in favor of free and unrestricted access to the records and access can be denied only when a law, specifically and unequivocally, provides otherwise. Id. Any doubt as to the public’s right of access to certain records must be resolved in favor of the public’s right to see as, to allow otherwise, would be an “improper and arbitrary restriction on the public’s constitutional rights.” Title Research Corp. v. Rausch, 450 So.2d 933, 936 (La.1984); see also State ex rel Guste v. Nicholls College Foundation, 564 So.2d 682, 686 (La.1990) (in determining whether records are within scope of Public Records Act, “we must keep in mind ... that the law favors a liberal construction of the public records law so as. to enlarge rather than restrict aecess to public records by the public”) (citations and internal punctuation omitted); Alliance for Affordable Energy v. Frick, (La.App. 4 Cir. 5/28/97), 96-1763, p. 17, 695 So.2d 1126, 1136 (Public Records Law is intended to enforce the public’s right to public records “in the most expansive and unrestricted way possible.”) (quoting Title Research Corp., supra); see also Bartels v. Roussel, 303 So.2d 833, 836 (La.App. 1 Cir.1974), writ denied 307 So.2d 372 (La.1/31/75) (Public Records Law was “obviously intended to implement inherent right of public to be reasonably informed as to manner, basis, and reasons upon which governmental affairs are conducted”).

IfiFor purposes of the Public Records Law, “the phrase ‘public body" means any branch, department, office, agency, board, commission, district, governing authority, political subdivision, or any committee, subcommittee, advisory board, or task force thereof, any other instrumentality of state, parish, or municipal government, including a public or quasi-public nonprofit corporation designated as an entity to perform a governmental or proprietary function ....” La. Rev. Stat. 44:1(A)(1) (emphasis added). Moreover, the definition of what' constitutes a public record is all inclusive: “[a]ll books, records, writings, accounts, letters and letter books, maps, drawings, photographs, cards, tapes, [1000]*1000recordings, memoranda, and papers, and all copies, duplicates, photographs, including microfilm, or other reproductions thereof, or any other documentary materials, regardless of physical form or Characteristics, including information contained in electronic data processing equipment, having been used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, or performance of any business, transaction, work, duty, or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state, or by or under the authority of any ordinance, regulation, mtmdate,

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200 So. 3d 996, 2015 La.App. 4 Cir. 1351, 2016 La. App. LEXIS 1638, 2016 WL 4698255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-orleans-bulldog-society-v-louisiana-society-for-the-prevention-of-lactapp-2016.