On January 20, 1986, the Dakota County Tribune published a news story with the headline “Judge orders refiling of lawsuit against city.” The news story began:

“First District Court Judge Thomas Howe ordered Jan. 8 the refiling of a lawsuit against the city because of the suit’s damage claim. The complaint brought by Robert O’Neil originally listed damages to be $8.7 million, and the court required the damages to be listed as “in excess of $50,000.”

The newspaper’s story was based on a “news release” from the City of Eagan, in which it was said the court ordered “the refiling of the complaint.” The newspaper, upon receiving the news release, called the city attorney, who confirmed the contents of the news release. O’Neil complains the headline and news story were misleading, suggesting that the lawsuit had to be refiled, that is, started completely over, and leaving the impression that the court’s order, instead of merely correcting a relatively minor pleading mistake, was suggesting the amount of O’Neil’s damage claim was itself somehow improper.

Two issues are raised:

• Did the newspaper take adequate measures to assure the accuracy of the news story?
• Thereafter, when O’Neil requested a correction, did the newspaper treat O’Neil’s request properly?

Discussion: As the Dakota County Tribune noted in its news story, O’Neil’s lawsuit was the “largest ever filed” against the City of Eagan, and, consequently, was of considerable public interest. The newspaper properly did not rely solely on the city’s news release of what actually occurred at the court hearing, but called the city attorney for confirmation. Unfortunately, the city attorney’s explanation did not correct the perhaps misleading impression given by the city’s press release, nor was the matter of the court’s order put in proper context. (The trial judge had said the whole business was making a mountain out of a molehill.) Proper journalistic practice, we believe, would have been for the newspaper to have consulted O’Neil’s attorney also. To contact only one side in what was obviously a major litigation matter is no assurance the newspaper will have the facts of the story accurately.

Two other newspapers also handled the story, but correctly. On February 17, 1986, the Eagan Chronicle published a story headlined “City press release challenged,” quoting attorneys from both sides, and making clear the court’s order did no more than allow plaintiff’s complaint to be amended. An earlier article in the Chronicle (January 20 “Wording of landowner’s suit against the city is challenged”) had reported a “refiling” of the complaint but quoted O’Neil’s attorney and his real estate agent as well, and explained the issue in considerable detail. On January 22, 1986, the St. Paul Pioneer Press and Dispatch published an article also explaining the incident accurately, and the substance of the lawsuit or its progress. O’Neil’s attorney was also quoted as saying the city’s press release was “somewhat misleading.”

Press releases issued by one side in an obviously controversial situation, such as a major lawsuit, should usually be suspect as to their objectivity. The News Council believes careful journalism requires checking the story with both sides.

O’Neil claims the newspaper refused to even consider his complaint. Because the newspaper chose not to appear before us, we feel we may not have enough information to evaluate O’Neil’s complaint about the treatment of his complaint, and we decline to consider the grievant’s second issue. We observe, however, that it is always important for the media to deal courteously and considerately with members of the public it serves, and we regret the Dakota County Tribune chose not to participate in this proceeding so that the matter could be fully explored and clarified.

Grievance sustained.

Concurring: Ashmore, Beaulieu, Casey, Chucker, Earley, Mundale, Persons, Simonett, Sundin, Warder

Dissenting: Larson, joined by Bednar - The story in the Tribune was a news release from the city of Eagan, and the reporter handling it placed a courtesy call to the city attorney verifying the receipt of the release and its contents. Historically on the weekly newspaper, there would be no need to doubt the credibility of the city attorney.

The news story was handled as it should have been for the weekly newspaper – routinely, and the Dakota County Tribune acted very properly. Lots of calls and background information by talking to various sources would have been necessary on the initial story reported, not this follow-up. Every news release that comes from city hall or any other respectable body – controversial subject or not – should not have to involve several phone calls by the weekly newspaper, which deals with these sources week in and week out, to follow through on the credibility of the information in the release. I feel strongly that some news council members assumed this article was the initial story written on the lawsuit. Knowing news pace and routines of a weekly newspaper, I felt very strongly and assumed that it was NOT the initial story.