Media Sue S.C. Lottery Commission

By: Jeffrey Collins, Associated Press Writer (AP) The Associated Press and three newspapers sued the state Lottery Commission on Wednesday, saying it broke the law by receiving pitches behind closed doors for the largest advertising contract ever awarded by the state.

The $7.5 million contract to advertise South Carolina's new lottery is expected to be formally awarded to Erwin-Penland Inc. on Thursday.

A spokesman for Attorney General Charlie Condon said he would join the suit, which was filed by the AP along with The (Columbia) State, The Greenville News, and the Anderson Independent-Mail.

The news organizations and Condon say a panel created by the commission violated the state Freedom of Information Act by meeting in secret Friday. The law is designed to ensure public bodies conduct their business in public, said Jay Bender, who is representing the plaintiffs.

"The way we ensure the lottery continues to operate honestly and fairly is to have their decisions made publicly," Bender said.

The plaintiffs also are suing the state Materials Management Office, which advised the commission to close the meeting and heard the pitches from the three advertising agencies.

Budget and Control Board spokesman Mike Sponhour said similar meetings are often closed to the public. His department oversees how contracts are awarded.

Lottery Director Ernie Passailaigue said the commission was just following orders from the Materials Management Office.

"We have done nothing different than any state agency in procuring advertising services," Passailaigue said. "If the state of South Carolina has erred in this regard, the judge will make a ruling and we will abide by the ruling of the judge."

Bender said the AP and the newspapers have already overlooked one Freedom of Information Act violation by the commission.

"Good government is open government. It's a simple concept we tried to share with the Lottery Commission. But they kept choosing to meet in secret and that prompted this lawsuit," said John Shurr, Columbia bureau chief for The Associated Press and FOI chairman for the South Carolina Press Association.

Items relating to the proposals will be released to the public Thursday after the contract is awarded, Sponhour said. The documents are expected to include score sheets used to rate the ad firms.

The four-member panel that rated the firms was appointed by the Lottery Commission. Information considered proprietary will be redacted, Sponhour said. "Our agency is committed to being as open as possible," he said.

But releasing the information after the advertiser is picked is too late, said Bill Rogers, executive director of the South Carolina Press Association.

Bender sent a letter to lawyers for the Materials Management Office days before the meeting urging them not to close it for legal and political reasons, saying the Lottery Commission should conduct its business like the counting tables at casinos.

"Those tables are glass so you can see what is going on above and under the table," Bender said.