HATTIESBURG — The Roy Howard Community Journalism Center, arguing that the public deserves access to information critical to infrastructure safety and government accountability, is challenging the Mississippi Department of Transportation’s decision to withhold inspection records for the Davis Bayou Bridge on Hanshaw Road in Ocean Springs.
The bridge, which was abruptly closed earlier this year due to structural concerns, remains the focus of center reporting on infrastructure oversight. On April 9, the center submitted a public records request to the state Transportation Department seeking inspection reports, maintenance reviews and structural evaluations for the Ocean Springs bridge dating back to 2019. The request was intended to provide context for a follow-up to the center’s initial coverage of the closure.
Department officials denied the request, citing 23 U.S. Code Section 407, a federal statute they said exempts the records from public release. The statute restricts the release of certain safety data compiled for federally funded highway safety programs. The center appealed the denial, arguing that routine bridge inspection reports, which are required under the National Bridge Inspection Standards — a federal program mandating regular inspections of publicly funded bridges — should not fall under the federal exemption.
On April 23, officials from the Mississippi Attorney General’s office, representing the Transportation Department, reaffirmed the department’s denial. In a written response, Special Assistant Attorney General Payton W. Acy cited a U.S. Supreme Court decision, Pierce County v. Guillen, which upheld the application of Section 407 to protect safety evaluations from public release.
The center filed a formal complaint with the Mississippi Ethics Commission, which oversees enforcement of the state’s public records law. The commission has the authority to review disputes and recommend corrective action if agencies improperly withhold information.
“We believe the public has a right to know the condition of its infrastructure,” said Nichole Cyprian, center director. “Routine inspection reports should be accessible to the communities that rely on these bridges every day.”
In addition to the complaint, the center plans to request inspection records for other highly trafficked bridges across Mississippi to assess broader infrastructure concerns. It also intends to investigate the Transportation Department’s record of public records request denials over the past year to evaluate the agency’s overall transparency.
The Davis Bayou Bridge on Hanshaw Road, which has supported traffic since 1991, was closed in March following structural damage concerns. The closure highlighted a breakdown in communication between city, county and state officials, a deeper issue the center first reported on earlier this month.
