The three justices from the 11th Texas Court of Appeals in Eastland spent an hour Wednesday hearing arguments from attorneys representing the Odessa American and the City of Odessa in a three-year-old lawsuit.
The OA’s parent company, AIM Media, filed a lawsuit against the city alleging the city was violating the Texas Public Information Act by not releasing “basic” public information contained in public crime records within 10 days, as required by law. There are 10 things considered basic information, including a description of the crime committed, the time and location of the crime, the names of the officers involved and the identities of those involved.
The OA provided several examples of reports that were released months after the events and filled with redactions.
Earlier this year a judge dismissed the lawsuit, declaring the issue “moot” because the city had ultimately provided the newspaper with the police records it had requested.
AIM Media wants the 11th Court of Appeals to find the city did violate the TPIA and to issue an order prohibiting them from doing so in the future.
On Tuesday, Jeff Nobles, an AIM Media attorney, told the court, “Until the court says they have a deadline, they’re never going to follow a deadline. That’s what we’re here for.”
If the city delays releasing basic information, it’s “tantamount” to mocking the legislature, Nobles said.
Keith Stretcher, a Midland attorney representing the City of Odessa, said if the OA wants information released immediately, it needs to contact lawmakers to change the law and include the word “immediately.”
The city’s policy is to have the city attorney’s office review all police reports prior to their release and because of their other duties they sometimes cannot release information as soon as it’s requested, Stretcher said.
Regardless, the case should have already been resolved, Stretcher said.
Chief Justice John Bailey and Justices Stacy Trotter and Bruce Williams took the issue under advisement.
