5—Buffalo Field Campaign Petition for Writ of Mandamus
because a lawsuit had been filed. He further stated that he believed that if he provided the
requested information, the he would be in violation of the Rules of Professional Conduct.
Petitioners filed their lawsuit on May , 2001, approximately two months
after the public information request was initially made.
None of the requested information related in any way to any private
persons. All of the requested information related solely to information that was either
legally required by the Endangered Species Act (ESA) or the Biological Opinion that was
issued in accordance with the ESA, related to public buffalo management activities, or
related to the costs of such activities.
19. On approximately July 9 and 10, 2001, Florence Gardipee, a member of
Petitioner Buffalo Field Campaign, and Dan Brister, a member of Petitioner The Ecology
Center, Inc., went to Helena to attend the Board of Livestock meeting on behalf of all
Petitioners. Ms. Gardipee had called the MDOL prior to that meeting, and was told that the
Board of Livestock meetings were public meetings and that the public could attend and ask
questions at the meeting. She was placed on a mailing list notifying her of that meeting.
MDOL employees initially attempted prohibit Ms. Gardipee and Mr. Brister from attending
the meeting, but finally allowed them to be present after being shown copies of Montana’s
constitutional and statutory right to know provisions. However, Ms. Gardipee and Mr.
Brister were not allowed to ask questions during the meeting.
During a recess in the Jhe July 9-10 Board of Livestock meeitng, Ms.
Gardipee, who raises buffalo, is a lab technician, and a biology student, attempted to ask
Dr. Stackhouse, a state employee and administrator of a state brucellosis testing facility
was also prevented from asking questions of Dr. Stackhouse during a recess in the
