Can a Louisiana town name its municipal complex after someone who is still alive?

Plain-English summary

Plain Dealing's mayor asked about naming public buildings. The Attorney General answered that a municipal complex may not be named in honor of a living person under R.S. 42:267. The quoted statute covers public buildings owned by a political subdivision such as a municipality, while leaving room for names otherwise authorized or provided by law.

The statute also describes what happens if a covered public facility already bears a prohibited name: the naming authority must change it, and the officer or board in charge must remove signs, plaques, and other evidence of the name. It allows any person to sue in the parish district court for compliance and seek the specified relief, fees, and costs.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the rule or its remedies. Check current law before choosing or challenging a name.

What this means for you

Mayors and council members

Before approving a proposed name for a municipally owned complex, check whether the honoree is living and whether a specific law authorizes the name. The AG applied the statutory prohibition directly to a municipal complex. If a covered building already has a prohibited name, the quoted law assigns the naming authority responsibility to change it.

Residents and building managers

For an existing name you believe violates the statute, identify the authority responsible for naming the facility and the officer or board in charge of its signs. The statute quoted by the AG provides a district-court route for any person to seek compliance, including mandamus, injunctive, or declaratory relief.

Common questions

Does the rule apply to a town-owned municipal complex?

Yes. The AG said a municipal complex is a public building owned by a political subdivision, so the living-person prohibition applies.

Is there any exception in the text the AG quoted?

Yes. R.S. 42:267 begins, “Except as authorized or provided by law.” The opinion gave the general rule and did not discuss a specific proposed name.

What happens if a covered building is already named for a living person?

The quoted statute requires the responsible naming authority to change the name and the officer or board in charge to remove signs, plaques, or other evidence of that name from the premises.

Who can bring a court action?

The statute says any person may sue in the district court for the parish where the facility is located, seeking compliance through mandamus, injunction, or declaration, together with reasonable attorney fees and costs.

Background and statutory framework

R.S. 42:267 lists the public facilities covered by its naming prohibition, the duty to correct a prohibited name, and the means to seek compliance in court. The AG applied its public-building provision to a municipal complex and gave a short, direct answer to the mayor's request.

Citations

• R.S. 42:267 (names of public facilities and remedies).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0200

Original opinion text

August 28, 2006
OPINION 06-0200

Honorable Dale Barnette
90-A-1 PUBLIC FUNDS
Mayor
R.S. 42:267
P. O. Box 406
A municipal complex may not be named for a living person.
Plain Dealing, LA 71064

Dear Mayor Barnette:

You have asked this office to advise you of the law pertaining to the naming of public buildings. The statute of interest is R.S. 42:267 providing:

A. Except as authorized or provided by law, no public building, public bridge, public park, public fish or game preserve, or public wildlife refuge owned by the state or by any political subdivision of the state or by any institution receiving its support in whole or in part from the state shall be named in honor of any living person.
B. The officer, officers, board, or commission responsible for naming any public building, public bridge, public park, public fish or game preserve, or public wildlife refuge named in violation of this Section in honor of any person who is still living shall change the name and the officer, officers, board, or commission in charge of such building, bridge, park, preserve, or refuge shall destroy, deface, or remove all plaques, signs, or other evidence of the name of such person appearing on the premises thereof.
C. Any person may commence a suit in the district court for the parish in which the building, bridge, park, preserve, or refuge is located for mandamus, injunctive, or declaratory relief to require compliance with the provisions of this Section, together with reasonable attorney fees and costs.

Thus, R.S. 42:267 prohibits the naming of any public building owned by the state or a political subdivision such as a municipality in honor of a living person.

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Honorable Dale Barnette
Opinion 06-0200
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We hope the foregoing is helpful to you. Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

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Honorable Dale Barnette
Opinion 06-0200
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OPINION 06-0200

90-A-1 PUBLIC FUNDS

R.S. 42:267

A municipal complex may not be named for a living person.

Honorable Dale Barnette
Mayor
P. O. Box 406
Plain Dealing, LA 71064

Date Received:
Date Released: August 28, 2006

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL