DISCOVER / LEGAL generally that certain documents were not deemed public under the act. According to the complaint, that response did not identify the records withheld, state which exemption applied to which record, address whether any portion was reasonably segregable or identify the procedures for appealing the denial. The complaint states that when the Town asked July 8 for a log identifying the withheld records and the exemption asserted for each, the Corporation replied July 23 that it was not aware of any provision of the act requiring such a log. After a second written demand Aug. 6, the Corporation said Aug. 14 that it withheld attorney communications, limited preliminary drafts of agreements and limited financial information, that it had determined none of those records contained reasonably segregable information, and it provided appeal These include: • Injuries to seamen or maritime workers • Collisions and allisions between vessels • Cargo disputes and transportation of goods • Marine insurance claims • Contracts and transactions related to maritime activities In essence, any act on the high seas or navigable waters—or any contract tied to maritime activity— can fall under this specialized area of law. What Makes Maritime Cases Unique Admiralty and maritime disputes stand apart in both substance and procedure. Most cases are heard in federal court, applying federal maritime law rather than relying solely on state or common law. While certain remedies can be pursued in state courts, courts in admiralty apply what is known as general maritime law rather than strictly following common law precedent. Procedurally, these cases follow the Federal Rules procedures – about seven weeks after the original denial. The complaint argues that the act requires a specific written denial at the time records are withheld, not an iterative process in which a requester must first receive a that hundreds of hours of search time or custom code were required. The complaint also states that the Town invoked the state Access to Public Records Act’s provision barring charges for the first hour of search and retrieval and asked the Commission to produce any responsive records discovered during that hour, so the request could be narrowed. The Commission responded that the free hour did not produce records, despite having reported that 19 search terms applied to the files of 13 individuals identified about 19,742 emails. No responsive records have been produced. The second complaint concerns the adequacy of a partial denial. The Quonset Development Corporation produced some records on June 25 but withheld others, stating
of Civil Procedure, with modifications under the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. This means that filing a case in federal versus state court can significantly impact the legal approach and poten - tial outcomes. Rhode Island’s Role With its extensive coastline, active ports, and bus- tling maritime commerce, Rhode Island is a state where admiralty and maritime law continues to be highly relevant. Whether it’s a commercial shipping dispute or a personal injury claim involving a sea- man, understanding the nuances of these laws is essential for anyone navigating legal issues on the water. Marisa Desautel of Desautel Browning Law is counsel for the town of North Kingstown in both matters. Copies of both complaints are available from the firm on request. About Desautel Browning Law Desautel Browning Law is an environmental, energy and land use law firm based in Newport, Rhode Island, founded by attorneys Marisa Desautel and Kerin Browning. The firm represents municipalities, property owners, developers, businesses and community groups If you have questions about admiralty or maritime matters in Rhode Island, Desautel Browning Law offers expertise in this specialized field. Contact them at help@desautelesq.com or 401.477.0023 to speak with an attorney knowledgeable in navigating these complex cases. in permitting, regulatory compliance and litigation before state and federal agencies, municipal boards and the courts of Rhode Island, Massachusetts and Connecticut. More at desautelbrowning.com. Email: info@ desautelbrowning.com, visit 38 Bellevue Avenue Unit B Newport, RI 02840, or call 401.477.0023. categorical withholding, then ask what was withheld, then receive more of an explanation. Attorney Marisa Desautel says, about both of the complaints, “These requests were made by the Town on behalf of its citizens. The public should not have to fight its own public agencies for access to public records, and it certainly should not have to pay thousands of dollars or send repeated legal demands just to find out what information the government has.” In both matters, the firm is asking the Attorney General to investigate and determine whether the act was violated. The complaints ask that the Commission be required to recalculate its estimate and resume processing the request, and that the Corporation be required to provide a legally sufficient written explanation for each withholding and release all reasonably segregable non- exempt information. Both complaints reserve the Town’s right to file suit in Superior Court and to seek recovery of attorneys’ fees and costs.
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