Attorneys representing the Odessa American and the City of Odessa spent two hours Monday arguing over whether the city has repeatedly violated the Texas Freedom of Information Act, but no answer will be immediately forthcoming. Visiting Judge Rodney Satterwhite told the parties he needs time to render a decision.
The Odessa American filed a lawsuit in June 2020 arguing the city has violated the law by delaying and/or redacting police reports and other documents related to criminal justice matters.
On Monday, attorneys on both sides of the matter were in the 161st State District Court in Odessa. They asked Satterwhite to render a summary judgment.
The newspaper’s attorneys, Jeff Nobles and John Bussian, told Satterwhite Monday that under Texas law the city has a duty to turn over basic information, such as the names of suspects, crime locations and the nature of the crime, immediately.
It’s only other information that can be withheld – information that’s related to the investigation or information the city is unsure can be released and the opinion of the Texas Attorney General’s Office must be sought. In the latter case, the law gives the city 10 days to seek that opinion, the newspapers’ attorneys said.
“Basic information is never subject to the exceptions and must always be released as soon as possible,” Nobles said.
However, Nobles noted the city has delayed releasing basic information on numerous occasions. Following the 2019 mass shooting, the city waited 116 days to release basic information and it waited 92 days in the Fabian Polvon double homicide case.
Hal Brockett Jr., who represents the City of Odessa, did not mention a distinction between basic information and any other information. He argued the law states the city simply has an obligation to reply “as soon as possible, under the circumstances.” In the mass shooting case, for example, he said investigators from multiple agencies had to conduct multiple interviews with multiple witnesses.
Brockett said the newspaper wants to turn the city “into nothing but an information processing system,” which is “onerous and impractical.”
He and attorney Keith Stretcher also urged the judge not to force the city to pay for the newspapers’ attorneys fees. All of the information requested by the newspaper has been turned over, rendering the entire case “moot,” they said.
No judgments, decrees or settlements have been issued so no fees should be assessed, Stretcher said.
Nobles argued the case is not moot and that because no judgments, decrees or settlements have been issued, the city can continue to violate the law.
The judge told the attorneys he might be able to render a decision by Friday.
Through Sept. 25, the city has spent $143,899.04 of taxpayers’ dollars to fight releasing information on crime in Odessa as required by public information laws.
