Two municipalities in Wyoming passed nearly identical ordinances in 2021 exempting themselves from state statutes mandating the publication of various notices in their local paper of record. A lawsuit subsequently filed by that paper — Lee Enterprise’s Casper Star-Tribune — seeks to compel the cities of Mills and Bar Nunn to publish those notices within its pages.
The Star-Tribune is the official newspaper of Natrona County. Mills and Bar Nunn are small but growing communities within the county.
Last month, the state of Wyoming weighed in on the side of the Star-Tribune. The attorney general’s office filed a brief in the case, arguing the state’s public notice laws are valid and must be followed by both local governments.
Both ordinances approved by the municipalities claim that newspaper ads are “an inefficient means of providing notice at the present time, fails to give adequate notice, and is an expense imposed upon the town which is not calculated to achieve the desired effect.” As an alternative, the new rules allow Mills and Bar Nunn to post notices at three public places in town, one of which apparently includes their websites.
According to Cowboy State Daily, the attorney representing the two small towns has argued in court filings that the state’s public notice statutes violate both the state and federal constitutions. He contends statutory construction evolves over time and that references to newspapers in Wyoming’s public notice laws should now be understood to also mean “electronic journals.” He also claims the statutes apply to counties but not municipalities and that his clients have the power to determine how to provide public notice under the state constitution’s “home rule” provision.
Star-Tribune lawyer Bruce Moats tells us that specific references to newspaper notices are spread throughout Wyoming’s legal code and that the state’s general public notice statute (Title 18, Chapter 3, Article 5, Sections 517-519) clearly states that “any legal notice, printing or advertising required by law is without force or effect unless published in a newspaper.” Moats also says home rule doesn’t apply in this case because municipalities can’t exempt themselves from statutes uniformly applicable to all cities and towns, like Wyoming’s public notice laws.
“This issue should be resolved in the legislature, not the courts,” Moats argues. “A court ruling would eliminate local notice requirements without replacing them.”
The next hearing in the case is scheduled to be held Sept. 14 in Natrona County District Court. The trial, if one should be necessary, is set for October.
Moats has represented the Wyoming Press Association and newspapers in the state for over 40 years. He announced his retirement earlier this year and the Mills-Bar Nunn case will be one of his last. He’s optimistic.
“We have a strong case,” Moats says. “I feel good about our chances.”