Louisiana

Definition of Public Record

Section LA 44.01.2(a) defines public records as, “All books, records, writings, accounts, letters and letter books, maps, drawings, photographs, cards, tapes, recordings, memorandum, and papers, and all copies, duplicates, photographs, including microfilm, or other reproductions thereof, or any other documentary materials, regardless of physical form or characteristics, including information contained in electronic data processing equipment, having been used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, or performance of any business, transaction, work, duty, or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state, or by or under the authority of any ordinance, regulation, mandate, or order of any public body or concerning the receipt or payment of any money received or paid by or under the authority of the constitution or the laws of this state, are “public records”, except as otherwise provided in this Chapter or the Constitution of Louisiana.” ¹

Exemptions to Public Records

Exempt: Pending criminal litigation; juvenile status offenders; sexual offense victims; security procedures; trade secrets; and some public employee information. ²

Who Can Make The Request?

Anyone.

Response Timeframe

3 Days. ³

Information on Fees

The agency may only charge fees for situations in which the requester asks to inspect records outside of regular business hours. They may charge “reasonable” fees for duplication. ⁴

Enforcement Mechanisms

You can take the agency to court. “A. Any person who has been denied the right to inspect, copy, reproduce, or obtain a copy or reproduction of a record under the provisions of this Chapter, either by a determination of the custodian or by the passage of five days, exclusive of Saturdays, Sundays, and legal public holidays, from the date of his in-person, written, or electronic request without receiving a determination in writing by the custodian or an estimate of the time reasonably necessary for collection, segregation, redaction, examination, or review of a records request, may institute proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief, together with attorney fees, costs and damages as provided for by this Section, in the district court for the parish in which the office of the custodian is located.” Louisiana Revised Statutes §44.35 ⁵

Attorney Fees

Yes, you can win attorney’s fees.