Could Stray Dog Decision Help NOLA Statues?

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But the high court’s bark may not stop there. Its 16-page opinion, issued Wednesday, strongly reaffirms the public’s right to know how private agencies fulfill public functions — a decision that could have ramifications for the secrecy shrouding the removal of Confederate monuments in New Orleans.

“It’s never been made this clear before,” said Vincent Booth, an attorney who argued before the court on behalf of the Bulldog Society. “You can’t get away from the public records act by contracting out for services.”

The case began in 2015, when the Bulldog Society filed a public-records request with the city for details on how the SPCA determines which stray dogs are eligible for adoption and on what basis dogs and cats are considered “adoptable” or "unadoptable.”

The city rejected the society’s request. It said the bulldog lovers should ask the SPCA for the information because the city contracts with that organization to provide the animal control services required under the municipal code.

The SPCA then said it does not have to comply with state records laws because it is a private nonprofit group. So the Bulldog Society sued in an effort to get the documents.

In its decision, the Louisiana Supreme Court said the Bulldog Society has the better of the argument.

The court’s decision was unanimous with the exception of Justice Jefferson Hughes, who said the court should have limited the documents the SPCA must produce to those specifically listed in its agreement with the city.

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Moreover, in its agreement with the foundation, the city made clear that the foundation is helping to enforce the municipal ordinance against “public nuisances,” the designation the city invoked in order to authorize the removal of statues of Robert E. Lee, Jefferson Davis and P.G.T. Beauregard and a marker commemorating the 1874 Battle of Liberty Place. Only the last monument has been removed so far.

“This decision emphasizes that each case has to be looked at on a fact-specific, case-by-case basis, so the court will look at things like, with the removal of the monuments, is that a governmental function?” Roy said.

Still, she said, courts have been “very protective of private citizens' rights to make anonymous donations. So if, in the monuments case, all of the funds are provided by private donations, I think that could make a significant difference.”

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