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SBA Appeals Judge's Order to Pay Legal Fees to the American Small Business League

June 16, 2009

PETALUMA, Calif., June 16 - The Small Business Administration (SBA) has filed an appeal to a federal court order directing them to pay the legal fees of the American Small Business League (ASBL), which were incurred in a recent case against the SBA. (http://www.asbl.com/showmedia.php?id=1375)

In August of 2008, United States District Court Judge Marilyn H. Patel ruled in favor of the ASBL in a Freedom of Information Act (FOIA) case against the SBA. The ASBL had requested the names of all firms that had received federal small business contracts during fiscal years 2005 and 2006.

During the course of litigation the SBA attempted to convince Judge Patel they had no information on the specific names of firms that had received federal small business contracts.

In her ruling in favor of the ASBL, Judge Patel stated, "The court finds it curious the SBA's argument that it does not 'control' the very information it needs to carry out its duties and functions." Judge Patel subsequently ordered the SBA to pay all of the legal fees the ASBL had incurred in the case. (www.asbl.com/documents/26-2.pdf)

The information the ASBL obtained proved their claims that Fortune 1000 and other clearly large firms had received billions of dollars in federal small business contracts. The SBA has been vehement in their denial that Fortune 1000 firms had received federal small business contracts. The SBA press office even issued a series of press releases claiming it was a "myth" that large businesses had received federal small business contracts. (http://www.asbl.com/documents/sbamythvfact.pdf)

On Friday, June 12th, the SBA filed a notice of appeal of Judge Patel's order awarding attorney fees for the ASBL. Friday was the deadline for the SBA to file that appeal.

The SBA now has 30 days to file their brief to support their appeal.

The SBA is currently refusing to comply with several other Freedom of Information Act requests from the ASBL. The ASBL plans to file several more Freedom of Information Act lawsuits against the SBA.

The ASBL has won every previous Freedom of Information Act suit filed against the SBA.

 
 

 
 

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Reid Brownlie
Communications Contact

American Small Business League
3910 Cypress Dr., Suite B
Petaluma, CA 94954

707-789-9575 | fax 707-789-9580
email to rbrownlie@asbl.com

 

 

     

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