A Baton Rouge judge ruled against the Reveille editor-in-chief on Thursday in a public records lawsuit, arguing that documents related to a 2019 internal investigation of an LSU employee are not subject to public record. 

The decision comes after Reveille editor-in-chief Josh Archote sued LSU for the release of the records in January.

Archote and his lawyers, from the Tulane First Amendment Law Clinic in New Orleans, intend to appeal the decision. 

The judge, Kelly Balfour of the 19th Judicial District Court, held that because access to the records had already been shot down in another case, McMakin v. LSU, in 2022, no one can seek those records in the future.

Archote’s lawyers argued that circumstances surrounding Abels and the 2019 police report are different now compared to when the McMakin case was decided, and that Archote’s reasons for seeking the records were related to the public’s interest in the case. 

The court ruled in the McMakin case that the privacy of the accused former employee, Donald Abels, took priority to the records being made public.

LSU Police concluded in 2019 that the then-assistant director of Greek Life, Abels, was using the Interfraternity Council’s secure database, fake social media profiles and a fake email account to entrap fraternities in university policy violations. 

Archote said his lawsuit could have wider implications on public transparency in Louisiana.

“The court’s decision today is incredibly disappointing,” Archote said. “The ruling, if it stands, will offer greater immunity for LSU and other state agencies to shield themselves from public records requests, which means less transparency and accountability for these institutions.”