SDNY COURTHOUSE, April 8 – The United States versus Live Nation trial began on March 2 with jury selection, before U.S. District Court for the Southern District of New York Judge Arun Subramanian. Then after a week of testimony it went on pause, and the DOJ and now several states settlement with Live Nation.
Late on March 19, Inner City Press published TicketMonster in Court, here
On March 27, amid massive sealing in the SDNY trial, Inner City Press files freedom of information / open records requests with US DOJ and states.
On April 8, on the eve of the states' closing arguments and as other states and even DOJ processed the requests, Texas Assistant Attorney General Meredith Coffman despite repeated citation to the relevant Texas statute wrote that until Inner City Press pays over $2500 its request will be dismissed by April 23.
This is outrageous.
So too is the Office's run-around about how to appeal.
Nevertheless Inner City Press has appealed:
"Texas Government Code §
552.267 provides: "A governmental body shall waive
or reduce charges for providing copies of public
information if the governmental body determines that the
requestor is a representative of the news media and the
information is not requested for commercial
purposes." The word "shall" is mandatory. See Tex.
Gov't Code § 311.016(2) ("'Shall' imposes a duty."). The
statute admits of no discretion once the two conditions
are met: news media status and non-commercial
purpose. The OAG's denial fails on two independent
grounds. The § 552.223 deflection is legally
wrong. Section 552.223 requires governmental bodies to
treat all requestors uniformly regardless of media
status. It is an anti-discrimination provision — a
floor. It does not limit, override, or repeal the
separate affirmative obligation imposed by § 552.267.
These provisions address entirely different situations.
Invoking § 552.223 to defeat § 552.267 would render the
fee waiver provision meaningless — a result courts
disfavor under basic statutory construction principles.
See Tex. Gov't Code § 311.021(2) (entire statute
intended to be effective). The "cost estimate
required" exception does not exist. The cost estimate
threshold under § 552.261 and § 552.2615 is a procedural
mechanism — it triggers notice and payment requirements.
It does not create an exception to the substantive fee
waiver obligation under § 552.267."
Back on March 24-25, Live Nation filed two letters requesting sealing. Inner City Press filed opposition at 1:47 am, here. Midday on March 25 Judge Subramanian asked if anyone from Inner City Press was in the courtroom. Later, after live tweeting the jocular testimony of Mark Yovich of Ticketmaster, Inner City Press was ready to argue. Judge Subramanian said, Mr. Lee, I see you here, I have read your letter, we will address it." Watch this site.
More on X for Subscribers here
and Substack here
March 24 more on X for
Subscribers here
and Substack here
March 23 more on X for Subscribers here
and Substack here
March 20 more on X for Subscribers here
and Substack here.
March 19 more on that on X for Subscriber here
and Substack here
March 18 extra on "war room(s)" on X for
Subscribers here
and Substack here
On March 5, Judge
Subramanian granted Inner City Press first motion to
unseal, here
On March 6, Inner City
Press was in the courtroom at 8:30 am, and spoke to push
for further unsealing, including of demonstratives. See
new book, "TicketMonster: US v Live Nation 1," ebook,
audiobook and paperback here.
Back on March 4 Inner City Press did a vlog,
after filing to unseal, full letter
on DocumentCloud here
On March 5, granted.
More March 2 details, and the names, on X for Subscribers
here
and Substack here
The case is United States of America et al v. Live Nation Entertainment, Inc. et al., 24-cv-3973 (Subramanian)
