Judge Denies Effort to Silence Central City News, Websites

Judge Johnell Mathews Wednesday denied an attempt by the City-Parish government to censor the Central City News and silence its reporting on the Metro Council’s slush funds.

Parish Attorney Greg Rome and nine members of the Metro Council asked Judge Mathews to issue a protective order prohibiting the newspaper from making “inflammatory comments” on its websites and social media that might “poison the well” for a potential jury pool in the case of Fred Reed et al v. Brandon Noel and eight other Council members.

The proposed order would have  required the newspaper to take down stories on its website and social media, which reported on slush funds the Metro Council created for themselves from a tax on users of natural gas in the parish.

Judge Mathews told the parties she had no authority to tell a newspaper what stories to run or delete, because the nation is governed by the First Amendment, which guarantees Freedom of the Press.  She told the defendant Metro Council members that their only option would be a suit for libel if they felt they were defamed.

The judge also rejected exceptions filed against the plaintiffs led by former Metro Council member Darrel Glasper.  Members of the Metro Council had challenged Glasper’s standing to sue and whether he had a cause of action.  However, Glasper’s attorney Andy DeJean successfully rebutted their arguments. 

Judge Mathews threw out the exceptions and ruled that there is no impediment to Darrell Glasper and the other plaintiffs going forward with their suit.

In December 2024, the Metro Council extended the natural gas utility franchise for Entergy for 30 years and imposed a 4 percent tax on natural gas to be paid by consumers.  The tax was passed over the objection of Entergy.  

In turn, the Metro Council appropriated much of the money derived from the natural gas tax to provide a $105,000 slush fund for each of the 12 Metro Councilmen to spend.

The plaintiffs filed suit alleging that separation of powers under the Louisiana Constitution and the East Baton Rouge Parish Plan of Government prohibit Metro councilmen from administering public funds.The suit says the Metro Council is the legislative branch of government and that only the Mayor-President, as head of the executive branch of government, can administer funds.

The suit also alleges that many of the Metro Council’s expenditures violate Art. 7, Section 14 of the Louisiana Constitution, which prohibits the donation or gift of public funds with only a few exceptions such as programs of social welfare.

The Louisiana Attorney General’s office uses the Cabella test to evaluate the legality of funds that may appear to be donations.  Under Cabella, a payment must be for a public purpose of that particular entity, there must be a qui pro quo where the governmental body gets an equal or greater value in return, and there must be a Cooperative Endeavor Agreement, which spells out how the money will be spent, the purposes and standards for evaluation, as well as requirements of receipts and other verification. Glasper argues the Council ignores these legal standards.