Arguments that the annual governor's pheasant hunt needs to open-up its records didn't fly with the South Dakota Supreme Court. The high court has ruled unanimously that there's no law requiring the state to release the names of hunters who take part in the annual event. 

The Supreme Court's decision upholds an earlier circuit judge's ruling against the Sioux Falls Argus Leader's efforts to get a list of participants in the 2005 governor's hunt. The Argus Leader had argued the hunt is official public business and therefore subject to public scrutiny. But the supreme court disagrees. 

The Supreme Court's ruling means what goes on at the governor's pheasant hunt... stays in the governor's pheasant hunt. 

Lawyers for the state told supreme court justices in April that the pheasant hunt allows South Dakota to court potential private businesses. And to release the names of those taking part in the hunt would give other states a chance to steal away those business opportunities. 

But Argus Leader lawyers argued that the hunt is an official government function... and that the list of invitees amounts to a public record that's available for all to see. 

But the Supreme Court says such disclosures only apply to records required by state law to be maintained. And since there's no law requiring the tourism secretary to compile a list of invitees... the justices said the secretary is not legally bound to release that list. 

The court further defended its position by pointing out an earlier ruling recognizing "the state's need for some modicum of confidentiality" while operating in the arena of private enterprise. 

The tourism secretary also argued he's allowed to keep the invitation list confidential because of "executive privilege." But justices said based on their findings upholding the confidentiality ruling... it's "not necessary to reach this issue."


Read the judicial opinion here