Along with a handful of other media outlets that filed open records requests about the incident at Mayor Dwaine Caraway's home near Cedar Crest Golf Course known as the "Arthur and Archie" ordeal, we asked for notes, audio, video and any other possible documents related to the case.
However, as The Dallas Morning News revealed, the city wasn't handing over anything without a fight. In a letter to Attorney General Greg Abbott, it cited Section 552.101 of the Texas Government Code while arguing to withhold the requested information.
§ 552.101. EXCEPTION: CONFIDENTIAL INFORMATION.
Information is excepted from the requirements of Section 552.021 if it is information considered to be confidential by law, either constitutional, statutory, or by judicial decision.
Update Saturday morning: Before you jump, don't get too excited just yet: Mayor Caraway sued the Attorney General down in Austin late Friday, insisting "the Attorney General incorrectly applied the law regarding the exceptions."
The city suggested that releasing the information would violate the common law right of privacy, which means the records must be both "highly intimate or embarrassing" and "not of legitimate concern to the public."
City attorneys also cited Open Records Decision No. 569, which seemingly has no relevance to this situation whatsoever.
In a letter from the Office of the Attorney General sent on March 1 to Assistant City Attorney Warren Ernst and copied to Unfair Park, the OAG said the city has to produce the goods.
Upon review, we find that none of the information at issue is highly intimate or embarrassing and of no legitimate public interest.
The missive also makes it clear that there is, in fact, audio from the night in question because it was sent to the OAG by the city for review.
Schutze still has a grin on his face.AG_letter_030111