Judge keeps law closing officials' information on hold

The Associated Press

JEFFERSON CITY, Mo. -- A state law that keeps addresses and telephone numbers of public officials and law officers from being posted on the Internet without their consent remains on hold after a judge issued a preliminary injunction against it Monday.

Cole County Circuit Judge Thomas Brown had issued a temporary restraining order against the law last month. His new injunction should allow time for legislators meeting in special session this week to repeal the law, as requested by Gov. Matt Blunt.

The judge agreed with Boone, Cass, Jackson and Platte counties that the measure violates the state constitution by imposing a cost on local governments without providing funding.

"Plaintiffs will incur substantial funds to modify their computer systems to prevent the posting of personal information on the Internet," Brown said in his ruling.

He also ruled that the provisions violated the constitution because they were included in a broader bill that contained multiple subjects and for which the original purpose had been changed. As introduced, the legislation had related to the "serving of summons."

Brown did not address counties' argument that the law also limits access to public information and is unconstitutionally vague.

The state argued that the counties had not proved they had to take a specific action with a cost because of the law, noting it only bars posting of information and doesn't spell out that counties must modify or take down their Web sites.

A permanent injunction hearing was set for Oct. 21, but it may not be necessary. Legislators are expected to have repealed the law before then.

The law states that no court, state or local agency shall post on the Internet the home address, Social Security number or telephone number of any elected or appointed official without first obtaining the official's written permission. The law applies to everyone from the governor down to city council members and police.

A special session bill pending in the House would delete the language about public officials. Instead it would make it a low-level misdemeanor, punishable by a $300 fine and 15 days in jail, to post the name, home address, telephone number or Social Security number of anyone on the Internet with the intent "to cause great bodily harm or death." The proposed revision would make no distinction as to whether the target is an elected official.

One of the counties' attorneys, David Shorr, said if that change is made, the litigation likely would end.

"I don't think our clients will have a further issue," he said.

The attorney general's office had no immediate comment on the judge's ruling.

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Case is Boone County et al. v. State of Missouri, 05AC-CC00757.

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Case search: http://www.courts.mo.gov/casenet/base/welcome.do