By Rich McKay
(Reuters) -A Kansas newspaper whose offices and the home of its associate publisher were searched by law enforcement in 2023 has been granted a $3 million award by the county and an apology for violating the publication’s constitutional rights.
The raids followed false accusations that the Marion County Record had illegally obtained driving records of a local restaurant owner as part of an investigation into her efforts to obtain a liquor license, according to media reports. Driving records are public information.
The paper, based in the central Kansas town of Marion, had also reported on the background of the police chief before he authorized the operation.
The raids, in which local police and county sheriff’s deputies seized cellphones, computers and documents, raised international concern about press freedoms and media harassment by local law enforcement.
Joan Meyer, the paper’s 98-year-old co-owner and associate publisher, died a day after the search of her home. Eric Meyer told the media after the raid that the stress of the raid was a contributing factor in his mother’s death.
The Record’s attorney Bernie Rhodes, in an article published online on Monday, hailed the settlement as a big step toward “making sure that the next crazed cop who thinks they can raid a newsroom understands the consequences are measured in millions of dollars.”
Court papers filed in the U.S. District Court for Kansas on Tuesday said the county and its sheriff’s office violated the First Amendment free speech rights of the plaintiffs and their rights under the Fourth Amendment, which protects citizens against unlawful searches.
The sheriff’s office said it wanted “to express sincere regrets” over the searches. It said that the raids would not have occurred if “established law had been reviewed and applied prior to the execution of the warrants.”
Publisher Eric Meyer, son of the late associate publisher, said the admission of wrongdoing was the most important part of the settlement.
“In our democracy, the press is a watchdog against abuse,” he wrote in the paper. “If the watchdog itself is the target of abuse, and all it does is roll over, democracy suffers.”
The Marion County Commission voted on Monday to award the money. Other claims against the city and its police department were still in litigation, according to media reports.
Rhodes could not be reached immediately by Reuters on Wednesday for additional comment. Neither Jonah Gehring, the chairman of the county commission, nor the county attorney Michelle Brown immediately returned phone calls seeking comment.
(Reporting by Rich McKay in Atlanta; Editing by Aurora Ellis)
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