Central Atlanta Progress Inc. v. Baker

The evidence authorized the trial court to find that the defendants acted on behalf of public officers or agencies in making bids for the NASCAR Hall of Fame and the 2009 Super Bowl game and, thus, the bids fell within the parameters of the Open Records Act.

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These appeals involve the Georgia Open Records Act and the refusal of Central Atlanta Progress, Inc. “CAP” and the Metropolitan Atlanta Chamber of Commerce, Inc. “MACOC” to permit the Atlanta Journal-Constitution “AJC” to inspect their bids for the NASCAR Hall of Fame and the 2009 Super Bowl game. For the reasons which follow, we affirm the judgments of the trial court ordering disclosure of the bids. CAP is a private corporation made up of Atlanta-area businesses. Upon learning of NASCAR’s interest in creating a Hall of Fame, CAP’s president met with NASCAR officials and proposed the construction of such a facility in Atlanta. NASCAR officials asked CAP to submit a bid. CAP assembled a NASCAR Hall of Fame Organizing Committee consisting of 46 members, 8 of whom represented public agencies. CAP also assembled a NASCAR Hall of Fame Advisory Board consisting of eight government officials. This advisory board, CAP says, had no responsibilities, but served to show that public officials supported the idea of the Hall of Fame being located in Atlanta.

MACOC is a private corporation composed of about 3000 businesses in the Atlanta area. The NFL requested MACOC’s Atlanta Sports Council to submit a bid for the right to host the 2009 Super Bowl. MACOC assembled a 15-member bid committee. Six of the members are officers of public agencies. Pursuant to the NFL’s requirements, MACOC then formed the Atlanta 2009 Super Bowl Bid Committee, Inc., to formally submit the bid to the NFL.

Central Atlanta Progress Inc. v. Baker

The evidence authorized the trial court to find that the defendants acted on behalf of public officers or agencies in making bids for the NASCAR Hall of Fame and the 2009 Super Bowl game and, thus, the bids fell within the parameters of the Open Records Act.

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