Late Tuesday afternoon, Capitol Broadcasting Co. (which owns WRAL-TV5),The News & Observer, theNorth Carolina Press Association, the North Carolina Association ofBroadcasters, and other local TV stations filed the suit. It claims thefive men broke the law when they discussed a proposed arena whilewatching a basketball game at one of the council member's house.
Fetzer and council members say the conversation was personal anddid not include talk of arena financing.
On Monday, former City Council member Geoff Elting filed a similarlawsuit against the mayor and city council members. Both suits seek acourt order prohibiting similar meetings in the future. The suits also askthe defendants to be ordered to pay legal costs.
North Carolina's Open Meetings Law prohibits secret or closed meetingsby public bodies, except under very specific circumstances. Under the law,it is illegal for a majority of a public body to meet to discuss publicbusiness unless the body gives 48 hours' written notice, opens the meetingto the public and keeps minutes of its actions.
Council members named in the suit, in addition to Fetzer, were PaulCoble, John Odom, Marc Scruggs Jr. and Kieran Shanahan.
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