BLD Transfer Station v. Paulding.com

Submitted by neomax:

I produce a weekly local news show in a video format and have done news in a variety of formats since Paulding.com's inception in August 2003.
I have a long history as a news man in this community having written and edited one of the local newspapers roughly from 1989 through 1997 ... in addition to my founding and publishing Paulding.com as an Internet news operation since 2003.

In the process of gathering news in early July 2008, I video taped a significant portion of the proceedings of the Dallas City Council's public hearing and council deliberations on a zoning matter involving BLD Transport. BLD transport was asking for zoning that would allow them construct and operate a solid-waste (household) transfer station. That permission was denied by the city in a tie vote decided by the Mayor.

Representing BLD was Fred Bentley of Bentley and Bentley in Marietta. Mr. Bentley at the meeting asserted his clients constitutional rights setting the stage for a court hearing and review of the zoning decision.
Mr. Bentley did not hire a court reporter to transcribe the meeting and the city's audio recording, according to his associate, was of poor quality.

I used a portion of the video I took at the meeting and frankly, I have the best and, while not complete, most dramatic record of the meeting.
Mr. Bentley sent a copy of an apparent filing to me entitled a "Request to a Non-Party for Production and copying of Documents." Copies were distributed to the defendants in the case who did not apparently file an objection.

The material requested was work product, there were at least 60 eye witnesses to the event, the city had an audio tape recording of the procedures and if Mr. Bentley was that concerned, why didn't have a court reporter transcribe the meeting?
Anyway, his associate called and we talked and I mentioned as how there was no incentive for me to comply and indeed, my incentive at this point is to establish that an Internet News operation ought to be covered by the Georgia Shield Law. Indeed, I consider this an opportunity to establish case law on this subject.

After that discussion, Mr. Bentley sent me a second letter suggesting that he objects to Paulding.com's refusal to honor plaintiffs' request to a non-party for production and copying of documents. He again asserts that the documents in my possession are of a unique nature and are potentially relevant... and that his letter is a good faith effort to gain my cooperation.
Bentley then says that if he does not receive with in two weeks ... his client will enter a motion to compel discovery... and BLD will seek to recover its attorey's fees from me ... for my failure to comply.

Again, I feel that paulding.com is and has proven itself to be a news gathering entity and assert it is covered by the Ga. Shield law. Still, the statute does not list specifically Internet news gathering organizations as it was penned and passed into law in the early 1990's. I just think the principal is worth fighting but as Superior Court is a place to avoid without the aid of an attorney, prudence and limiting risk is and remains an option.