Press/ON publisher receives Freedom of Information award

By Sara Lawrence
Press/ON publisher Bill Lawrence received a Freedom of Information Award from the Society for Professional Journalists (SPJ) this week in Minneapolis.

The prestigious Peter S. Popovich Award is given by the board of the SPJ Minnesota Chapter each year for aggressive defense of the public's right to know and consistent support of the First Amendment.

Lawrence received the award for his pursuit through bureaucratic and legal channels to make the audited financial statements of Indian casinos public information under the Minnesota Government Data Practices Act (MGDPA).

The effort began more than two years ago when Press/ON requested audits of the Red Lake Chippewa Tribe (of which Lawrence is a member) from the Minnesota Department of Public Safety (DPS), Gambling Enforcement Division. The request was denied by the DPS on the grounds that the information was confidential. Press/ON then requested an advisory opinion from the Department of Administration who decided the audit data did in fact meet the criteria of being public information under the MGDPA.

Further requests for audits by Press/ON were curtailed when tribal attorneys began pressuring the state. The issue was escalated to State Attorney General Mike Hatch who found the DPS did not have the legal standing to prevent the audits from being made public and a flurry of legal action ensued. The Prairie Island Dakota (owners of Treasure Island Casino) and the Mille Lacs Band of Ojibwe (owners of Grand Casino Mille Lacs and Grand Casino Hinckley) sued the State of Minnesota in state court while Mystic Lake Casino's Shakopee Mdewakanton tribe and others sued in federal court.

In an effort to maintain focus on the First Amendment ramifications rather than allowing it to be misconstrued as a "government against the Indians" drama, Lawrence intervened in the state suit as an "interested party", acting as his own attorney. Additionally, the Minneapolis Star Tribune filed an amicus curiae ("friend of the court") brief.

On April 23, 2002, the state district court ruled that the casino audit data were private because they contained "trade secret" information, even going so far as to say the financial statements derive independent economic value by remaining secret. An appeal was filed jointly by the state and Press/ON and on April 1, 2003, a three-judge panel of the Minnesota Court of Appeals ruled that most of the information in Indian casino audits is public information.

The federal suit went Lawrence's way as well with the motion for summary judgment filed by the state being granted. The Federal District court ruled that interpretation of the Minnesota Government Data Practices Act should be made by the state courts.

The tribes subsequently filed a Writ of Certiorari with the Minnesota Supreme Court. A decision on whether or not it will take the case is expected in the next 30 days.

The award ceremony was held on June 3 at the St. Anthony Event Center in Minneapolis. It was well attended by the local media elite and Minnesota Governor Tim Pawlenty was the keynote speaker.

Following dinner and the Governor's address numerous "Page One" awards were given assembly line-fashion for excellence in print, television, and electronic journalism. Acceptance speeches were reserved for the Freedom of Information award recipients at the end of the program.

For Press/ON publisher Bill Lawrence this award brought dual satisfaction -- being recognized for the tenacity and drive he has always put into his publication, and as a rite of passage into the ranks of professional journalism. Having no formal training in the field, being recognized for excellence by his peers is especially meaningful.

"I'm especially honored to be given this award in light of the fact that I'm a member of the 'alternative' media," Lawrence said. "Governor Pawlenty was right on the money when he talked about the trend to 'supersize' the media and turn it into big business.

"With increasing pressure on journalists to impact the bottom line," he continued, " I think we're going to see more and more decisions being made that aren't in the best interest of the public's right to know. The role of the alternative media as watchdog is going to become increasingly important."

In his acceptance Lawrence cited that Indian gaming in Minnesota is a $3 billion a year industry that is benefiting only a fraction of the 60,000 people enrolled in one of the 11 tribes. He pointed out that the two wealthiest tribes -- with casinos in or near the Twin Cities area -- earn annual net profits of roughly $600,000,000 yet only recognize about 600 enrolled members

"If gaming is ever going to change the economic and social conditions for Indian people as a whole we need to make it a more equitable system, and that starts with making it more accountable," Lawrence said. "Having the audit data available is a big step toward that end."

As an aside, a Page One Award was given to former Press/ON editor Mark Boswell who went on to work for the Minneapolis Star Tribune in the graphics department. Boswell received second place in the newspaper graphics and illustration in-depth category for Don't be a hazard.