High School Student Wins Case Against Kokomo Mayor
A high school student who sued the Kokomo mayor has won the support of the judge, who sided with the teenager after he filed a lawsuit against the mayor to obtain the email addresses of around 1,400 subscribers to the city newsletter, which comes in electronic format. The lawsuit, filed by Ryan Nees, was filed under the state’s Open Records Law.The student from Western High School claims that after he subscribed to the electronic newsletter he started to receive campaign messages. The judge has now stated that the list of email addresses is a public record and has not only must the Mayor, Matt McKillip, provide this information but he must also pay the $5,000 worth of legal costs incurred by Nees.
City attorneys had stated that the list should not be treated as public records, but should have received the same protection and privacy as a list of postal addresses would. However, this was not the view taken by the Howard Circuit Court Judge, Lynn Murray.
The judge stated: "The courts cannot fill gaps in a statutory scheme designed by the Legislature. Had the Legislature intended to exempt a list of e-mail addresses, it could and would have done so."
Topic Added March 8th, 2006
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