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On Wednesday, a jury delivered a verdict in a First Amendment case brought by environmental activist Joy Banner against officials of St. John the Baptist Parish.

The jury found Council Chairman Michael Wright, Parish President Jaclyn Hotard, and the council did not restrict Banner’s speech, engage in First Amendment retaliation, or violate Louisiana’s Open Meetings Law. As a result, Banner, who sought more than $2 million in damages, will not receive any compensatory or punitive damages.

The jury deliberated for over three hours in the U.S. Eastern District of Louisiana courthouse in New Orleans, where the trial was held. Hotard and Wright were not present when the verdict was delivered.

Judge Nannette Jolivette Brown presided over the federal trial in the Eastern District of Louisiana in New Orleans.

The plaintiffs argued before Judge Brown that Hotard attempted to conceal her family’s potential financial interest in the defunct Greenfield grain elevator and an ethics investigation involving her. The ethics complaint has since been dismissed because no violation was found.

Parish attorneys argued that Banner was speaking off-topic and trying to publicly disclose confidential information. Despite the loss for the local activist group, Banner said that the information that the case revealed and the process of holding parish leadership accountable made the lawsuit worthwhile. 

“Our public officials have to answer for the decisions that they’ve made,” she said. “That really is the thing that feels enlightening for me.”

Cam Owens, one of the jurors, said that the video of the 2023 council meeting that set this case off was the deciding factor for the jury.

He said the testimonies were confusing, but the video clarified what happened. He believed Banner had the opportunity to speak at the meeting.

In closing arguments, Banner’s lawyer, William Most, highlighted Hotard’s mother-in-law’s revelations as central to the case. 

“What made Hotard so invested? Why did she become so agitated that she wanted to harm Joy Banner?” The prevailing sentiment during the trial was the revealed text messages. “I think we learned what the answer was, which is that there were secrets.”

The defendants contested these claims, asserting that there are restrictions on free speech during public meetings and that Banner was sharing confidential information. 

“No one was arrested, no one was shut down unless they were off-topic or unless they were talking about something that was privileged and confidential,” Spears said in his closing argument. 

“Send a message that we’re going to end these frivolous lawsuits, lawsuits from people looking for media attention and for bigger social media followings, so that they can be social media influencers.”

The defendants also argued that Banner publicized classified information when she shared certain documents on her social media platforms. 

“Think about common sense,” Spears said. “If I’m sending you a letter stamped confidential, it has to mean something. Joy Banner knew she was violating the spirit of the ethics laws by posting the complaints she made on her Facebook page.”

During this week’s trial, the jury heard testimony from Banner, Hotard, and her mother-in-law, Darla Gaudet. The free speech trial also revealed text messages exchanged between Hotard and Gaudet.

Hotard wrote to her mother-in-law that she “wanted to choke” Banner and called the activist “the bitch.” and “I hate these people,” she wrote in another exchange.

The lawsuit involves a 2023 St. John council meeting where Joy Banner, co-director of the advocacy organization The Descendants Project, provided public comments regarding a council measure about the now-defunct Greenfield grain elevator project.

The Descendants Project is engaged in multiple lawsuits regarding industrial expansion in the area known as ‘Cancer Alley’ between New Orleans and Baton Rouge, associated with health risks.

The group opposed the grain elevator in Wallace, a historically Black town, due to concerns about community harm. Banner filed an ethics complaint against the parish president regarding Hotard’s mother-in-law’s financial stake in the project.

To build the grain terminal, Hotard had approved rezoning the area designated by the parish council for industrial use. Banner argued that her mother-in-law owned land in this area and could gain from selling it to the grain elevator developers. 

At the November 2023 meeting, the council considered hiring an attorney for Hotard in the ethics investigation. A video recording was played in court. 

Hotard interrupted Banner, and Wright read a state law against discussing ethics investigations, which was ruled unconstitutional years ago. 

In her closing remarks, Judge Brown expressed her hope that the people of St. John could heal and move forward.