SBA Appeals Judges Order to Pay Legal Fees to the American Small Business League

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Tue Jun 16, 2009 8:05am EDT

PETALUMA, Calif.--(Business Wire)--
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. 





American Small Business League
Sonia Meyer, 707-789-9575
Public Relations Specialist
soniam@asbl.com



Copyright Business Wire 2009

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