Could the Allen Parish Tourist Commission pay to create events, or only promote attractions?

Plain-English summary

The Allen Parish Tourist Commission asked whether it could spend its funds producing events, as distinct from promoting them. The 1998 attorney general opinion read the commission's statutory role as promoting tourism through advertising and publishing information about tourist attractions. It distinguished that work from producing or creating the attraction itself and said the commission as a whole was best placed to evaluate difficult examples case by case.

The office treated production of radio shows promoting parish attractions as advertising within the commission's role. It contrasted purchasing canoes so a canoe race could occur: that would create the event rather than merely promote it. For Christmas lights lent to communities, the office did not give a categorical answer. It said the commission should decide whether the display's primary purpose was disseminating information about area attractions or becoming an attraction in itself.

Currency note

This opinion was issued in 1998. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Tourist commissions at the time

The opinion drew a line between promoting existing attractions and creating attractions. It said the commission as a whole should make the difficult distinction case by case, using the primary purpose of a proposed display for the Christmas-lights example.

Parish officials at the time

The office described the Allen Parish commission as a political subdivision charged with promoting local tourism. It tied its view to the statutory authority for advertising and publishing information about attractions and to a provision against competing with local retail enterprises.

Event organizers at the time

The opinion viewed a promotional radio show differently from supplying canoes without which a canoe race would not occur. It did not decide every type of event expense.

Common questions

Q: Could the commission pay for radio shows about parish attractions?
A: The opinion said that example clearly fit advertising and publishing information about tourist attractions.

Q: Could it buy canoes to make a canoe race possible?
A: The opinion treated that example as creating the event, rather than simply promoting an attraction.

Q: Did the office decide whether community Christmas lights were permissible?
A: No. It called that example difficult and said the commission should determine whether the displays primarily spread information about attractions or were themselves an attraction.

Q: Who did the opinion say should decide close examples?
A: It said the tourist commission as a whole was best placed to make the distinction case by case.

Background and statutory framework

The opinion described the commission's statutory powers under La. R.S. 33:4574, including promotion, advertising, and publication of information about Allen Parish tourist attractions. It cited La. R.S. 33:4574(E)'s provision against competing with local retail businesses as evidence of the distinction between promoting an attraction and producing one.

Citations and references

• La. R.S. 33:4574(E) (tourism promotion authority and restriction described in the opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/98-0311

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

One American Place
301 Ma~n Street, Suite 600
DEPARTMENT OF JUSTICE
P.O Box 94005
CIVIL DIVISION
TEL.: (504) 342-7013
BATON ROUGE
FAX (504) 342-2090

RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

AUGUST 2 7199~

OPINION NUMBER 98-311

Syllabus

90-A-1 Public Funds & Contracts
Ms. Adagria Haddock, Director
R.S. 33:4574
Allen Parish Tourist Commission
Post Office Box 1280
The Allen Padsh Tourist Commission is a political subdivision of the stat
of Louisiana, charged with the promotion of tourism in Allen Parish, throug
Oberlin, Louisiana 70655
the promotion of, and the advertisement and publication of informatio
relating to, tourist attractions in Allen Parish. Its function is to promote rather than produce, tourist attractions.
Dear Ms. Haddock:

You requested the opinion of this office as to the authority of the Allen Parish Tourist Commission (the "Tourist Commission") to expend funds in the actual production of events as opposed to promotion of events.

The Allen Parish Tourist Commission is a body politic and corporate and a political subdivision of the state of Louisiana (La. R.S. 33:4574(A)(2)(c)), charged with the promotion of tourism within Allen Parish (La. R.S. 33:4574(B)). It has the power to sue and be sued, to accept grants or donations of every type, to make capital improvements for the purpose of obtaining federal funds, to do all things necessary for the promotion and the advertisement and publication of information relating to tourist attractions in Allen Parish. La. R.S. 33:4574(E).

It is the opinion of this office that there is a distinction between promotion of tourism through promotion of tourist attractions and advertising and publishing information relating to those attractions and producing or creating tourist attractions. This distinction is evidenced by the prohibition against the Tourist Commission engaging in activities which would result in competition with local retail businesses or enterprises found at La. R.S.
33:4574(E).

The distinction is not always easily determined and is best made by the Tourist Commission as a whole on a case-by-case basis. In your letter, you provided examples that may be helpful in providing guidance. One example was production of radio shows promoting attractions in Allen Parish. Such activity seems clearly to fall within the scope of "advertisement and publication of information relating to tourist attractions." Another example you provided was the purchase of canoes so a canoe race could be held. Here the event would be the canoe race, which would not occur unless the Tourist Commission supplied the canoes. Consequently, the Tourist Commission would be involved in creating the event, not just promoting it. Another example you provided, purchasing Christmas lights and letting area communities use them, presents a more difficult question. VVhile the lights may draw sightseers into the Parish and thus, in a sense promote tourism, the lights

Page 2

Opinion Number 98-311
Ms. Adagria Haddock
Page -2-

themselves constitute a "tourist attraction." As you can see, the distinction in this case becomes somewhat blurred. The Tourist Commission should make the determination as to whether the primary purpose of such displays would be to promote tourism by dissemination of information about area attractions or to be a tourist attraction in and of itself.

We trust this opinion provides you with the necessary information to satisfy your query.

Should you have further questions, please do not hesitate to contact us.

Very truly yours,

RICHARD P. IEYOUB
ATFORNEY GENERAL

~DALL A.
ASSISTANT ATTORNEY GENERAL

RPI/RAK/dra