Kim Powers Files Complaint Against BESE For Violating Louisiana Open Meetings Law

By Woody Jenkins, Editor • Central City News advertising manager Kim Powers has filed a complaint with Louisiana Attorney General Jeff Landry alleging that the Board of Elementary and Secondary Education violated the Louisiana Constitution (Art. 12, Section 2) and the Louisiana Open Meetings Law by denying her access to a public meeting.

The meeting was held to consider whether to require students in Louisiana’s public and private schools to wear masks in school this year.

Because she was denied access, Ms. Powers wants to exercise her rights under state law to have the action taken at the meeting invalidated. The law requires the public body to meet again to reconsider their actions and requires each member of the board to be fined up to $500.

Ms. Powers said she is also entitled to a public apology from the board for violating her rights.

Kim Powers is a member of the staff of the Central City News, but more importantly she is the mother of two school age girls who attended Central Middle School.  Since the pandemic began, she has questioned the legality of Gov. John Bel Edwards’ shutdown of the economy and his countless arbitrary decrees.

However, when the governor issued his “mandatory” mask order, Ms. Powers had enough.  She wanted to do everything she could to make sure her children did not have to wear a mask to go to school.  

“The governor’s orders are illegal!  He has no authority under state law to require people to wear a mask.  He’s doing it because he can, and no one has challenged him.”

“When it comes to children, there is absolutely no reason they should be required to wear a mask. The governor talks about the science, but where is the science on masks? There is no science because there is no study showing an ordinary mask does anything.” 

“Children simply aren’t vulnerable to Covid19. Since the pandemic began, only a handful of children have died ‘with’ Covid19 in the entire nation.  Moreover, it has been demonstrated that children don’t carry it!  There is every reason to have school and no reason to mask children!”

“I’m also very concerned about the psychological effect of teaching children to do something very strange for absolutely no reason. We need future adults with brains who don’t swallow every ridiculous lie that is fed to them hook, line and sinker!”

Acting on her own behalf and not on behalf of the newspaper, Ms. Powers monitored the Central Community School Board and attended the meeting where the board agreed to encourage but not mandate mask use.  She attended the Senate Education Committee on masking of school children at the State Capitol and saw the new State Superintendent of Education say that he had no authority to direct school systems to require students to mask.

Then the Board of Elementary and Secondary Education called a meeting to adopt a policy on masking.  She attended the meeting at the Claiborne Building.  She studied the Louisiana Constitution and the Open Meetings Law and knew that BESE had no legal authority to require members of the public to wear a mask to attend their meetings.  

The Louisiana Constitution insures in Article 12, Section 3 that all meetings of public bodies are open to all unless a law has been passed restricting attendance.  The legislature has never passed a law requiring masking as a condition of attendance.

But here’s what happened next, as described by Ms. Powers in a complaint she has filed with Louisiana Attorney General Jeff Landry.

“The violation occurred July 14, 2020 during the emergency meeting of BESE to approve guidelines for schools to reopen for the 2020-2021 school year.  I am the mother of two girls who will be in the sixth and seventh grades at Central Middle School in the Central Community School District.  I was in attendance to speak on behalf of my daughters against mask mandates for students in public and non-public schools in the State of Louisiana and in favor of Louisiana’s school districts such as Central having local option relative to the masking of students in their respective districts.  Central had already adopted a plan for the coming school year which suggested but did not require students to mask.”  

“I have video documenting some of the events described below.”

“As I entered the building, I was given a mask. I put the mask in my briefcase and entered the meeting room. I immediately began the process of filling out a comment card. A staff member helped me fill out the form appropriately, since I was not familiar with the process.” 

“I did not have a mask on and was not questioned. I sat in the back corner of the room, socially distant. A woman with a ‘Progressive Social Network of Baton Rouge’ T-shirt walked over and leaned over me, saying, ‘Do you need a mask?’ I replied, ‘No thank you.’ Another woman sitting next to her leaned over toward me and said, ‘You’re supposed to be wearing a mask.’ I said, ‘Thank you.’ Then they began recording me and the woman in the PSN BR t-shirt went out into the lobby, then quickly returned.”

“The meeting began.  About 30 minutes passed and DPS Officer K. Worley came to me and asked me to put on a mask. I said, ‘No thank you!’ and she then motioned for me to come with her. I followed her to the lobby, and she then told me if I didn’t wear a mask I would have to leave the building since this was a state building and the governor signed a mask mandate. I specifically told the officer that I was at the Louisiana State Capitol the day prior and attended an entire House Education Committee meeting and never once was asked to put on a mask, only offered one. Officer Worley replied, ‘Well, that’s not possible!’  My attendance can be verified through several legislators if necessary, and I did not appreciate being called a liar by a DPS officer.”

“I continued to explain that I had a right to be in a public meeting thanks to the Louisiana Constitution and our Open Meetings law.  Officer Worley told me she was calling her sergeant. I asked if I was being detained and she said no.  So I entered the meeting again, continued to hear testimony, and continued to wait for my turn to testify.  I feel very strongly about this issue.  I have been gathering lots of information.  I attended the legislative committee hearings.  I attended the Central Community School Board meeting on this issue. Up until this point, masks for the coming school year were optional.  However, I could see that BESE would ultimately decide the issue, and I was ready to speak out publicly at this critical moment.”

“After about 30 minutes, Jennifer Womack of BESE came to me and provided me with another mask and asked me repeatedly why I refused to wear a mask. I told her I did not have to answer that question. She asked me if I needed to see a copy of the Governor’s order, and I asked her if she needed to see a copy of the Louisiana Constitution!  She left.”

“About 20 minutes later in the meeting, Sandy Holloway, the President of BESE, stopped the meeting and made an announcement that masks must be worn by all in attendance at this ‘public’ meeting.  Ironically, this meant that I was supposed to leave a meeting that I had attended specifically to speak against masking!  A few moments later, six Department of Public Safety officers entered the meeting room and asked me to follow them. As I was being led out, my name was repeatedly called for me to testify, but someone announced with obvious delight, “Oh, she left!”  That added insult to injury!  Not only was I being forced by threat of arrest to leave a public meeting but they announced my name and mockingly pretended they didn’t know I was there to testify and was at that moment being removed from the room!”

“Once I was back in the lobby, I was again asked to put on a mask or leave the building. I explained that the Louisiana Constitution provides that “No person shall be denied the public right to observe the deliberations of public bodies…”

“I was told again that without a mask I had to leave. I asked who order my removal.  Shan Davis was the name the officers finally gave me as the person who requested my removal. [When her office was contacted, she denied she had anything to do with my removal and said that the building maintenance people requested my removal.]  In any case, BESE chairman Sandy Holloway had just announced that you must have a mask or leave, and she obviously had given the order.  I noticed that not a single member of the 11-member BESE board spoke up on my behalf or said a word in defense of the Louisiana Constitution or my right as a citizen to be present and participate.  To them, this was all just fine.”

“Still outside the meeting in the hallway, I explained to the officers that the Governor’s mandate provides that if social distancing is observed, no mask is required. [Exception No. 1 in his order]”

“Nevertheless, I was again told I had to leave.  It was clear that their next step was to arrest me.”

“The six officers then escorted out of the building.  In tears, I told them, ‘I’m a healthy 47-year-old woman, and I have a right to be here without a mask and speak for my children!’  However, that was not allowed.”

“There were several other people in attendance at the BESE meeting who were not wearing masks.  However, I was clearly targeted, bullied, and removed from this meeting illegally.  Perhaps the Progressive Social Network complained about me.  I do not know.  However, I do know Melissa Berry sat up front while others were speaking and then she testified. She never wore a mask, but rather had it dangling from her ear like jewelry. She was never asked to wear a mask. Jamie Pope was sitting next to me and accompanied me in and out of the meeting and was never asked to wear a mask.”

“As you know, R.S. § 42:25 of the Louisiana Open Meetings Act Public Records Act says the Attorney General shall institute such proceedings upon a complaint filed by any person, unless written reasons are given as to why the suit should not be filed.”

If the AG does not file suit, Ms. Powers can file it on her own. If successful, she would be entitled to attorney fees, court costs, and damages.

Ms. Powers said, “I’m a single mom who simply wanted to speak on behalf of my girls, and I should be allowed to do so!  The law says so, and I expect this injustice to be corrected!”