A federal judge ruled Tuesday that a lawsuit against Orange Beach over public records responses can proceed to the next stage.
U.S. District Judge Beaverstock at times agreed with the city that filings by plaintiff C.C. Dixon-Moreno are “not the definition of clarity,” but ruled they are sufficient to move the case forward.
Dixon-Moreno, an Orange Beach resident who practices law in Mississippi, sued the city after requesting body camera footage that she says shows Mayor Tony Kennon behind the door of an office at the Coastal Resources building minutes after a woman reported that a naked man was punching a woman on the same office balcony.
At issue is whether Alabama law allowing the city to require certain procedures for requesting public records is defensible. Dixon-Moreno argues the law creates an unconstitutional barrier to her First Amendment rights.
The ruling does not address the merits of the case, but instead whether Dixon-Moreno alleged enough facts to state a claim that is plausible on its face.
Beaverstock ultimately dismissed three of the seven counts in the suit, but Dixon-Moreno voluntarily withdrew two of those counts. The judge dismissed the remaining contested count, which alleged the city violated Dixon-Moreno’s substantive due process rights, because he found it was redundant to the broader First Amendment claim.
The case can now move forward to more substantive disputes over the city’s actions and where the line between First Amendment rights and public records procedures crosses.
