NEW ORLEANS — A civil jury has unanimously concluded that the officials of St. John the Baptist Parish did not infringe upon the freedom of speech rights of environmental activist Joy Banner, despite her claims to the contrary. This decision was reached in a legal case where Banner was seeking over $2 million in damages against Parish President Jaclyn Hotard and councilmember Michael Wright for allegedly obstructing her from discussing corruption linked to industrial development at a public meeting.
Banner, who is a co-founder of The Descendants Project, an organization focused on environmental and racial justice, garnered national attention by opposing an $800 million grain terminal in her predominantly Black community. This proposed project was eventually canceled. The case reflects broader tensions between local grassroots activists and government officials as they confront issues surrounding industrial growth in Louisiana’s chemical corridor, often labeled “Cancer Alley” due to elevated pollution levels.
At a parish council meeting in November 2023, Banner aimed to address a proposal put forth by Hotard to allocate taxpayer money for legal representation against ethics complaints. This investigation was launched by the state ethics board following a complaint Banner filed, which pointed out potential conflicts of interest involving Hotard’s family ties to a nearby marine transport company.
As Banner began voicing her concerns during the designated public comment period, councilmember Wright repeatedly interrupted her by banging his gavel and insisting that she was off-topic. He further referenced a long-outdated law suggesting that individuals who disclosed information regarding state ethics board investigations could face imprisonment. A federal court had previously ruled this law unconstitutional.
Reflecting on the incident, Banner expressed her alarm, saying, “When I heard the words imprisonment and misdemeanor, I thought, ‘That’s it, I’m going to jail, I’ve messed everything up, my business is going to be ruined, my name is going to be ruined. I was terrified and shocked.”
The attorney representing the parish officials, Ike Spears, argued that interruptions were not solely directed at Banner, as other speakers had also been instructed to adhere to the agenda. He depicted Banner as a “disruptive citizen” focused on gaining social media notoriety from her lawsuit.
Conversely, Banner’s legal representative, William Most, emphasized that her comments were crucial for disclosing potential conflicts of interest concerning Hotard. He asserted that she faced unique treatment compared to others, being the only individual threatened with arrest while discussing Hotard’s financial ties.
Text messages presented during the trial revealed disparaging remarks made by Hotard about Banner, indicating a personal animosity that might have influenced her attempts to silence Banner at the public meeting. Although the state ethics board found no wrongdoing on Hotard’s part, depositions later disclosed that her husband had an interest in a trust tied to land adjacent to the proposed terminal’s railroad route.
Despite acknowledging that Hotard would likely benefit financially from the project, Spears maintained that her primary interest lay in boosting tax revenues and creating jobs for the parish.
As for the outcome of the jury’s decision, councilmember Wright remarked that it conveyed a “strong message against frivolous lawsuits,” marking a significant win for the parish and future business prospects in the River Parishes.
Juror Cam Owen initially leaned toward siding with Banner but eventually changed his stance based on the jury’s review of evidence, including video footage from the meeting, which he noted helped clarify that she was able to adequately express her views.
“At the end of the day, you know, they did try to stop her, but she did actually say what she had to say,” Owen commented. The jury concluded there had been no violation of Louisiana’s open meetings law.
Banner expressed satisfaction with the lawsuit for shining a light on the hidden financial interests of parish leadership, underscoring the importance of holding officials accountable. “The purpose of this case was for transparency,” she stated, emphasizing her commitment to advocating against perceived injustices.
After the verdict, Eastern District of Louisiana Judge Nannette Jolivette Brown addressed both Banner and the parish officials, suggesting that the ruling was just one part of a longer journey towards resolution. “I hope you can heal,” she said.
