The Tennessean v. Powers Management/Allen v. Day

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The Tennessean vs. Powers Management/Allen v. Day Number: none Year: 2004 State: Tennessee Other lawsuits in Tennessee Other lawsuits in 2004 Precedents include: The case reiterated that private organizations performing government services under contract are subject to the state Public Records Act.

Contents 1 Background 2 Important precedents 3 Background 4 Supporters of the FOIA request 5 Criticisms of the FOIA request 6 Ruling of the court 7 Associated cases 8 See Also 9 External links 10 References

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Tennessean v. Powers Management was a Tennessee court case in which a Nashville newspaper sued a private company -- one that held a government contract -- for access to information under the state public records law. The outcome of the case reiterated that private firms performing government services under contract are subject to the state Public Records Act.

[edit] Background

The court battle for the records began in late 2004 when Powers Management, the firm that ran the Nashville Arena (later called the Gaylord Entertainment Center and, later, the Sommet Center), settled out of court with a group of female cheerleaders for the Nashville Kats arena football team. The women sued Powers after alleging that they had been videotaped without their permission in their dressing room.^[1] The lawsuit in the cheerleaders' case was listed in court records as Allen v. Day.

Following the settlement, Powers refused to disclose the amount it was required to pay to the cheerleaders. The Tennessean, the morning newspaper in Nashville, sought that information under the state's public records law, and later sued to gain access to it.

Powers argued that it was not required to provide the information because it was a private company. The newspaper argued that, by running a public venue for the Metro Nashville government, Powers was covered by the law.

Both the trial court and the state appeals court ruled in favor of the newspaper.

Powers made public the amount of the settlement on Feb. 2, 2007, revealing that it had been required to pay $762,500, along with agreeing to issue a formal apology, pay court costs and hire a security firm to help devise a policy on video surveillance. ^[2]

[edit] Important precedents

The outcome of the case reiterated that private firms performing government services under contract are subject to the state Public Records Act.

[edit] Background

[edit] Supporters of the FOIA request

[edit] Criticisms of the FOIA request

[edit] Ruling of the court

[edit] Associated cases

[edit] See Also

• Tennessee Open Records Act

[edit] External links

• News article on the settlement.

[edit] References