Texas Economic Development Board obtains restraining order to prevent records requests
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[edit] May 18, 2010
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Plano, TX A Texas judge this past week agreed with the Plano Economic Development Board (PEDB) and issued a restraining order against a local citizen, Jack Lagos, who had submitted repeated records requests to the Board over the past year. The restraining order prevents Lagos from coming within 500 feet of the Development Board's offices but does not restrict his ability to submit records request to other state and local agencies. [1]
[edit] Ruling of the court
In issuing the injunction, the judge from the 417th Judicial District determined that PEDB was a private agency trying to function like a business and that Lagos constituted a "nuisance" to the standard operation of business. PEDB lawyers claimed that, “They are a business, and in trying to conduct their business Mr. Lagos would come in and be very disruptive."[1] Lagos asserted than any hostile or disruptive comments he may have made have been taken out of context and used against him in an effort to prevent his open records requests. [1]
[edit] Laws surrounding economic development boards
- To read more about private agencies and public records laws see: Private agency, public dollars
Texas is not the only state to be confronted with the problem of private economic development boards avoiding public records requests. Currently under the Texas law economic development boards which either receive or dispense public funds or are controlled by a public body are in fact public agencies subject to the public records law. Currently the development board has both the Plano Mayor and the City Manager as two members of the six member board of trustees. [2] In some states this is enough to constitute a public agency. Lagos claims he will appeal the order, and seek to have the records released.
[edit] See also
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