Influencer Emily Kaiser loses his 3-year-old son after the drowsing incident
Influencer Emily Kisser’s 3-year-old son Trigg died after a drowsing incident in Arizona. Police say he was unconsciously found in a backyard pool.
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Just as Emily Keeser sues to prevent the release of records relating to her son’s death, Arizona judges weigh whether influencers’ privacy rights outweigh the public’s access rights.
Kaiser’s 3-year-old son Trigg died May 18th, after being previously confirmed by USA Today from a backyard pool in Chandler, Arizona.
In a lawsuit filed May 27 in Arizona Superior Court in Maricopa County, Kiser is pushing to keep records on what a case called a coincidence drowsing calls publicly.
Kiser’s lawyer said she and her family “deeply want to be sad in private, but sadly, the public doesn’t allow them.”
However, the case is still expected to pass through court, and the judge can control the release of the records anyway.
“It varies from case to case. It’s such an ruling, and it’s at the judge’s discretion,” Craig Weiner, a partner at Blank Rome’s law firm, told USA Today.
What is a public record? Why are police reports published?
All over the country, documents such as police reports and 911 calls are official records. That is, it must be publicly accessible. According to the Cornell Legal Information Institute, the common reason for this is that citizens continue to recognize the government.
At the federal level, the Freedom of Information Act requires agencies to make information public. However, each state has its own laws regarding what types of records can be released.
In some cases, like Kiser, individuals can ask the court to seal records that are normally published.
Kiser’s lawsuit stated that more than 100 requests have been filed with the city of Chandler and the Maricopa County Medical Examiner’s Office for access to public records related to Trigg’s death. USA Today filed a request with the city of Chandler on May 15th (three days after the initial call to drown) for access to the police report.
However, there are regulations regarding the disclosure of public records, and police often edit some of these items. In Arizona, for example, authorities can edit some of the video recordings to protect the rights of victims, according to the Arizona Legislature.
What do you say about Arizona law?
According to the Arizona Legislature, courts can decide to keep public records private if releases can cause “substantial and irreparable private or public harm.”
Kiser’s lawsuit alleges that records are required for “commercial purposes” rather than for monitoring the government.
Arizona law does not consider requiring that it is commercial for news gathering purposes, according to an aide to the Arizona Ombudsman.
Kiser’s Internet fame can affect decisions
The fact that Kiser is an individual with a public persona would likely take the judge’s decision in this case, Weiner told USA Today.
“The public is interested in newsworthy events,” Weiner said. “This is a famous person. They’re in the news, and what makes it even more is they’re out there.”
Weiner said Kiser’s career could be a factor as influencers are making public their lives for monetization purposes.
“I think this influencer will monetize social media,” Weiner said. “So I don’t see it because I try to argue that news articles are for commercial purposes.”
Everyone has a right to privacy, but judges may tend to secure their rights to private citizens than public figures like influencers, Weiner said.
“The difference here is what they share,” Weiner said. “When you post a photo of your home and your child, you can’t turn around and say, ‘This has affected my privacy.’ ”
“My Parent’s Worst Nightmare”
Still, Weiner said Kiser did “the right thing by going to the judge.”
“They are concerned that by making it public, they will cause all sorts of stress and mental distress for their families and their parents,” Weiner said.
The lawsuit states that the release of records is a “deep invasion of privacy” and will cause “irreparable harm” to Kizer’s family.
Kaiser “is experiencing his parents’ worst nightmare right now,” the lawsuit said.
“Emily is doing her best to be there for her surviving son, Theodore, who is two months old,” he said. “But every day is a fight.”
Melina Kahn is a national trending reporter for USA Today. She can be contacted at melina.khan@usatoday.com.
