Guilty
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This is a first and for anyone in the media it is a good sign.
Last week and Atlanta jury found a press secretary for former Mayor Kasim Reed guilty of two counts of violating the state’s open records law, encouraging a press corps that had felt stymied in its attempts to investigate local politicians.
The New York Times writes that it was the first time a public official had been prosecuted under Georgia’s Open Records Act.
Open records laws are an essential tool for reporters, particularly those who focus on government accountability. Many states have no criminal sanctions for noncompliance, though some have statutes that include civil penalties. The charges against the press secretary, Jenna Garland, were misdemeanors, and Judge Jane Morrison of Fulton County State Court set the fines at $750 per violation. But the verdict was considered an important victory for journalists.
The fines “may be a small amount,” said Ray Carter, general manager of WSB-TV, the local ABC affiliate. “But this is significant. It shows that you have to comply with the law.”
State prosecutors had alleged that Ms. Garland, 35, frustrated requests filed by a WSB-TV reporter for city water department documents that were potentially embarrassing to city officials. In one text message that became public, Ms. Garland advised a water department spokesperson to be “as unhelpful as possible” about a request. In another, she told the spokesperson to “hold all” requested documents pertaining to certain members of the City Council until the reporter “asks for an update.”
The state attorney general issued the citations against Ms. Garland in February, noting that it was a misdemeanor under the state’s Open Records Act to “knowingly and willingly attempt to frustrate access to records that are not subject to exemption by intentionally making such records difficult to obtain or review.” The jurors took about an hour to deliberate before rendering their verdict on Thursday afternoon. Ms. Garland plans to appeal, her lawyer, Scott Grubman, said.
