April 5, 2023

Monday, July 29, 2024

 Judge sanctions Saint Paul for numerous willful

violations of Data Practices Act


FOR IMMEDIATE RELEASE

July 29, 2024



(Saint Paul, MN) In an unprecedented ruling in Minnesota legal history, Ramsey County District Judge Patrick Diamond awarded exemplary damages against the city of Saint Paul for 14 separate willful violations of the Minnesota Data Practices Act (MGDPA). The imposed minimum punitive damages against the city range from $1,000 for each violation, and could go as high as $15,000 for each violation. The final award will be determined after a trial that will examine the city’s willful conduct.


Robert Cattanach, avid cyclist, and attorney working on behalf of Save Our Street (SOS)


Robert Cattanach, an attorney working with the citizen’s group Save Our Street (SOS), filed the case when the city refused to produce documents regarding the proposed bike trail along Summit Avenue as required under the Minnesota Government Data Practices Act (MGDPA).


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.


 “We are very encouraged by the court's decision,” said Gary Todd, on behalf of SOS. “We assume that the city will change its procedures to comply with the law,” adding that “SOS hopes that Judge Diamond’s decision creates an opportunity for the city to work with its citizens constructively, rather than forcing Saint Paul residents to go to court because the city keeps turning a deaf ear to our legitimate concerns.”

 

On July 9, 2024 the Minnesota Court of Appeals ruled that the proposed bike trail was not “sufficiently certain to be constructed” that the city would be required to conduct an Environmental Assessment Worksheet before plans have been finalized or receives funding. SOS has asked the city to identify when the plan for the trail will be sufficiently final to conduct environmental review, but so far the city has declined to provide that information.

 

 

About SOS (Save Our Street)

 

Save Our Street is a citizen group that seeks to educate and advocate for preserving the historic streetscape of Summit Avenue as a treasured St. Paul destination and a safe, tree-lined, multi-modal corridor for generations to come. https://www.savesummitavenue.org

Still fighting for all of Saint Paul

All donations are welcome! Help us sustain our campaign and legal fight to save Summit Avenue.


Historic Summit Avenue – SOS

c/o Francis Luikart

1905 Summit Avenue

St. Paul, MN 55105


  • Our legal team will provide regular updates to SOS Sustainers (>$500)


  • Remember that SOS is a 501(c)3 non-profit.

Historic Summit Avenue

dba Save Our Street

EIN 92-3253633


  • If you would like to host an event for friends and neighbors to support SOS, please let us know and we will have a member of our ‘speakers bureau’ attend to provide an update.


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SOS Steering Committee Chair: Gary Todd Grtodd@comcast.net 651-470-4720

SOS Public Relations Carolyn Will carolyn@cwcommunications.info 612-414-9661