News

Jury Sides with St. John Parish Officials in First Amendment Case

Environmental Advocate’s Lawsuit Dismissed in Court Ruling

A Louisiana jury ruled in favor of St. John the Baptist Parish officials Wednesday in a lawsuit filed by environmental justice activist Joy Banner. The case, which revolved around Banner’s First Amendment rights, stemmed from an incident at a 2023 council meeting where she was interrupted while attempting to make a public comment.

Banner, who co-founded The Descendants Project, an advocacy group focused on Black communities in Louisiana’s River Parishes, filed the lawsuit against Parish President Jaclyn Hotard, Parish Council President Michael Wright, and the parish itself. She accused them of violating her First Amendment rights during the council meeting when she was speaking out against the proposed Greenfield grain terminal project.

Jury’s Verdict Clears Parish Officials of Wrongdoing

The nine-person jury found no evidence that Hotard, Wright, or the parish restricted Banner’s freedom of speech. Additionally, the jury ruled that there was no retaliation against her for her public comments, nor did the actions of the defendants violate Louisiana’s Open Meetings Law. As a result, Banner was denied both compensatory and punitive damages.

The trial took place in the U.S. Eastern District of Louisiana courthouse in New Orleans. During deliberations, the jury closely examined video footage from the council meeting, which played a pivotal role in their decision. Cam Owens, one of the jurors, explained that the video helped clarify the situation and solidified their conclusion.

“We broke down her amount of time, when she was stopping, when she was interrupted, and she had three minutes [to speak],” Owens said. “Even though they were interrupting her, she did get out what she was trying to say.”

St. John Parish President Jaclyn Hotard

Despite acknowledging that Banner was interrupted, Owens emphasized that it was inaccurate to claim that her First Amendment rights were violated. According to Owens, Banner still had the opportunity to express her views, even if she wasn’t able to say everything she wanted.

The Council Meeting That Sparked the Legal Battle

The events leading to the lawsuit occurred in November 2023, when Banner attended the St. John Parish council meeting. She was attempting to speak out against the council’s potential decision to hire an attorney to represent President Hotard in an ethics investigation. The investigation was related to the controversial Greenfield grain terminal project, a massive development that was later canceled.

During the meeting, Banner attempted to make her comments, but was interrupted multiple times by Hotard and Wright. At one point, Wright read a statute that implied Banner could face legal penalties, including fines or imprisonment, if she continued speaking. After several attempts to resume her remarks, Banner walked away from the podium.

Banner’s advocacy work, particularly in opposition to the Greenfield project, was focused on the environmental impact the terminal would have on the local Wallace community. Her group, The Descendants Project, has long been dedicated to preserving the history and advocating for the welfare of Black communities in the River Parishes, making the Greenfield development a critical issue for them.

The Greenfield Grain Terminal and Local Concerns

The proposed Greenfield grain terminal, which would have included 56 silos, was one of the largest industrial developments in the region. Environmental concerns were at the forefront of the opposition, particularly regarding the potential pollution and disruption to the local communities.

Banner and her sister, Jo Banner, viewed the project as a direct threat to the environmental well-being of their community, which has faced long-standing environmental challenges due to industrial developments in the region. They argued that the grain terminal would contribute to the degradation of the local environment, disproportionately affecting the predominantly Black residents of Wallace.

Despite the setback in court, the Banner sisters and their advocacy group have remained vocal about the environmental issues facing their community. Their opposition to the Greenfield project is part of a broader fight for justice and accountability for communities historically impacted by industrial pollution.

What’s Next for Joy Banner and The Descendants Project?

While the jury’s decision is a legal victory for the parish officials, the case has highlighted the broader issue of community activism and the right to free speech, especially in the context of local governance. The Descendants Project, which continues to champion the rights of Black communities in Louisiana, will likely keep pressing forward on environmental and social justice causes, despite the legal setback.

For now, the legal battle has come to a close, but the ongoing fight for environmental justice in St. John Parish and other Louisiana communities is far from over. Joy Banner and her supporters have shown resilience, and it seems they will continue to raise their voices against what they perceive as environmental threats to their communities.

Comments

Your email address will not be published. Required fields are marked *