St. Paul guilty of intentional data request violations against group fighting bike trail

The city of St. Paul just got smacked down by a Ramsey County court in what’s being hailed a groundbreaking case for transparency in Minnesota government. Ramsey County District Judge Patrick Diamond found St. Paul officials violated the Minnesota Government Data Practices Act at least 14 times in failing to fulfill information requests from a member of a citizens group challenging a controversial bike trail planned for Summit Avenue.

The Pioneer Press notes the city faces a potential fine of up to $15,000 for each violation in what appears to be a record-setting ruling against a local government for not complying with the long-standing open government requirement.

“There’s no precedent here. No one’s ever ruled on this before, I’m quite certain,” said Bob Cattanach, the plaintiff in the lawsuit and a partner with the law firm of Dorsey and Whitney. “This is the first time these (damages) have been awarded in the state. He’s breaking new ground.”

Cattanach represented himself in a lawsuit against the city, claiming St. Paul had failed to provide complete data based on 17 public information requests related to the proposed Summit Avenue bike trail. City officials have maintained that they’ve dutifully produced hundreds of emails, studies and other data in response to his back-to-back records requests about the 4.7-mile trail, with some information dating back more than 10 years.

A member of the activist group Save Our Street, Cattanach filed the lawsuit in response to the city’s failure to provide documents pertaining to the proposed bike trail as required by the Minnesota Government Data Practices Act. SOS opposes the city’s controversial makeover of St. Paul’s most famous street, partly because the project would mean the loss of hundreds of the trees that define Summit Avenue. An SOS news release issued following the court ruling didn’t mince words on the group’s dealings with the city.

Judge Diamond ruled that the city’s procedure for responding to MGDPA requests “turns the presumption that all data of a government entity is public on its head” and that the “undisputed evidence establishes a significant procedural deficiency in the city’s search process.” Judge Diamond went on to find that the violations resulted from “procedures that allowed the city to do nothing to meet the MGDPA’s requirements for too long,” and “meet the standard of willfulness” that required the court to impose exemplary damages.

The unprecedented ruling could cost city taxpayers up to $210,000 if the judge imposes the maximum fine. City representatives appeared caught off guard by the blunt decision.

City Attorney Lyndsey Olson on Tuesday said the city is reviewing its next steps.

“The city takes issue with the court’s determination that it committed willful violations of the data practices act,” said Olson, in a written statement. “The city maintains that all efforts have been made to comply with the data practices act and provide plaintiff with the data requested in a timely manner.”

Regardless of the ultimate financial penalty, Judge Diamond’s forceful ruling against officials in Minnesota’s second largest city will not go unnoticed by other local and state government bureaucrats across the state.