Courtroom success stories

The news for the media and others fighting to access records and meetings for contractors and public-private entities is not all dire. Here are some of the types of organizations that have been on the losing end of lawsuits:

Economic development corporations

These nonprofit organizations created to oversee redevelopment efforts are a frequent source of court battles. In Trenton, N.J., The (Trenton) Times sued after a nonprofit development corporation kicked a reporter out of its meetings. The state Supreme Court ruled in 2005 that the Lafayette Yard Development Corp., created by city leaders to draw a hotel to the city’s downtown, was a public entity because it issued city-backed bonds and most of its board was appointed by the city.

University fundraising bodies

Requesters have had mixed results getting access to nonprofit organizations that raise money for public universities. In 2002, two Iowa residents sued to gain access to financial documents, meeting minutes and other records of the Iowa State University Foundation, the college’s fundraising arm. The state Supreme Court found in 2005 that the foundation was performing a public function by virtue of its contract with the university.

Umbrella organizations

In Kansas, 19 small school districts that felt they received an unfairly small chunk of change from the state formed a organization, Schools for Fair Funding, that successfully sued the Legislature to receive more money. But despite the fact that it was funded entirely with public money, the organization insisted it was not subject to the public records law, prompting The Topeka Capital-Journal to file suit.

The group argued that the superintendents who created the group were acting in their personal, not official, capacities. But a trial judge refused to throw out the lawsuit in December, finding in a summary judgment ruling that the organization “appeared” to meet the definition of a public agency.

Soon after, the organization agreed it was a public agency and contributed $12,500 to the Kansas Sunshine Coalition for Open Government.

Operators of public facilities

In 2004, a private company, Powers Management Inc., that ran a public stadium in Nashville, Tenn., settled a lawsuit with 14 former cheerleaders for the Nashville Kats arena football team who sued two employees they claimed had secretly videotaped them in their dressing room. The company refused to disclose the confidential settlement to The Tennessean, which sued.

Last year, a state appeals court said the company must release the agreement, saying the company was acting as the “functional equivalent” of government by running the stadium under contract with the local sports authority.