Determination
64
Minnesota
News Council
In the Matter of the Complaint of
J. O'Neil against the Dakota County Tribune
Grievant R. J. O'Neil appeared at the hearing, accompanied
by his real estate broker, John Klien. No one appeared on behalf of
the Dakota County Tribune.
Background: In the fall of 1985, O'Neil sued
the City of Eagan over a land dispute, asking in his suit papers for
$8. 7 million, and holding a press conference to announce the lawsuit.
Under court rules, O'Neil's suit papers should have stated only that
damages "in excess of $50,000" were being sought rather than stating
a higher specific figure. The city moved to strike the allegation
of money damages, and, at a court hearing on January 8,1986, the judge
signed an order allowing plaintiff O'Neil to amend his suit papers
to ask for damages "in excess of $50,000." The court's order said
plaintiffs "may file their amended complaint."
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.
September 26, 1986
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