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Mayor Cantrell's temporary restraining order thrown out, motion to quash denied

Now, the judge has ordered the mayor to pay the attorney fees for Breaud.

NEW ORLEANS — Mayor LaToya Cantrell's request for a restraining order against a woman who took pictures of her on a restaurant balcony with her then-police bodyguard was dismissed Tuesday after a hearing today in Civil Court.

Judge Bernadette D’Souza not only threw out the mayor’s request, she also ordered Cantrell to pay Anne Breaud’s attorneys’ fees.

Cantrell’s May 10 petition for the restraining order accused Breaud of harassment and Cantrell said the photos and video were “used to attack, dehumanize, and weaponize” her character.

But when it came time to back up her claims in court Tuesday morning, Cantrell was a no-show despite a subpoena issued by Breaud’s attorney for her to appear.

“I think today was a great example of the importance of freedom of speech,” said Breaud’s attorney Justin Schmidt. “I think it’s a great day for the Constitution. I think it’s a great day for the citizens of New Orleans.”

Breaud said she was on the balcony of her own apartment in the Pontalba on April 7 when she spotted Cantrell and her police bodyguard Jeffrey Vappie on the balcony of Tableau restaurant. She said she used her phone to take a couple of pictures, which she then forwarded to the Metropolitan Crime Commission, a non-profit watchdog group.

The MCC then sent a letter of complaint to the NOPD, which launched an internal investigation and removed Vappie from the mayor's security team.

Breaud filed a counter-claim to Cantrell’s petition, stating that the mayor’s claims “diverge from reality to such an extent that a reasonable, neutral third party would be justified in drawing the conclusion that they are delusional if not outright fabricated.” 

After the court hearing Tuesday, Breaud said she was relieved after prevailing in her legal battle with the mayor, but still unnerved by Cantrell’s accusations.

“It's very hard for me to now live where I live and feel safe from the things around me and from people who may retaliate because she is the mayor of New Orleans,” Breaud said.

Schmidt said Breaud was simply following a common plea for citizens who witness potential wrongdoing: “If you see something, say something.” He cited an example in which Cantrell herself used the line.

“When they see something out of the ordinary or they see something that should be addressed, publicly, especially when you're talking about city employees fraternizing with the mayor -- an already precarious position -- no one is above the law,” Schmidt said.

This was never about me stalking the mayor or chasing the mayor. She's been my neighbor for quite some time. This was about an officer of the law doing something that I thought he shouldn't be doing.

Schmidt said he is still seeking answers as to how the mayor obtained information that she included in her petition, including Breaud's social security number and a driver's license photo, information usually only accessible by law enforcement.

“I think we had a lot of questions that she would have had difficulty answering,” Schmidt said. “I think she would have been very embarrassed.”

Questions about Vappie's activities while on duty remain under internal investigation. He previously was removed from the mayor’s security team after a complaint into earlier questions about his hours and duties, and that internal probe led to a letter of reprimand. 

He was reinstated to the security team, only to be removed again following the most recent MCC complain. That complaint has since expanded to include a 2022 photo of Vappie and Cantrell drinking wine at another French Quarter bar, a point raised by Schmidt.

“Jeffrey Vappie, he's got his hand on a glass of wine while he's holding a gun, on the clock as a city employee. That has all kinds of ramifications of trouble,” he said.

Cantrell's attorney Eddie Castaing did not address the lingering questions for the mayor.

“The mayor accepts the ruling of the court and is ready to move on,” Castaing said. “It was a good day in court for everyone.”

Castaing said that while he will not appeal the judge’s decision, he defended the mayor’s position.

“Even the mayor’s entitled to some degree of privacy,” he said.

The mayor’s office issued this statement in an email: “Today, the overall objective was achieved, bringing needed attention to the threats and aggressive behaviors toward the Mayor. Given our current political climate, it was even more important that these issues were brought to light, highlighting that no one should have to endure the burden of any kind of threats or mistreatment.” 

“Now that this legal proceeding has taken place, there is greater awareness that the Mayor needs to be treated with respect and dignity and be able to have a safe quality of life for herself and her family.”

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