Emilie Kiser sues to keep records about son Trigg's drowning death private
Emilie Kiser sues to keep records about son Trigg's drowning death private
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Influencer Emilie Kiser loses 3-year-old son after drowning incident
Influencer Emilie Kiser's 3-year-old son Trigg died after a drowning incident in Arizona. Police say he was discovered unconscious in backyard pool.
Times of India - English
Nearly two weeks after Emilie Kiser's 3-year-old son died in a drowning incident, the social media influencer filed a lawsuit to keep records about his death out of public view.
Trigg Kiser died on May 18 after being pulled from a backyard pool in Chandler, Arizona days earlier, Sonu Wasu, Chandler Police Department's public information officer, previously confirmed to USA TODAY.
Attorneys for Emilie Kiser filed a lawsuit in Arizona Superior Court for Maricopa County on May 27 to prevent the release of public documents related to Trigg Kiser's death.
The complaint said Trigg Kiser died from an accidental drowning at the family's home.
Emilie Kiser's attorneys said in the filing that she and her family "desperately want to grieve in private, but sadly, the public will not let them," adding that her son's death "has become a media frenzy."
More than 100 requests have been filed with the City of Chandler and the Maricopa County Medical Examiner's Office for access to public records related to Trigg Kiser's death, the lawsuit said. USA TODAY filed a request with the City of Chandler for access to the police report.
USA TODAY has reached out to Gallagher & Kennedy, the firm representing Emilie Kiser, for comment.
Emilie Kiser's son 3-year-old Trigg Kiser dies after pool incident
'Every day is a battle'
The lawsuit is pushing to prohibit officials from releasing public documents related to Trigg's death, including the police report, 911 call and scene photos.
Emilie Kiser and her counsel have not seen the documents, the complaint says, but they presume the records are "exceptionally raw and graphic."
The release of such records would "intrude upon personal dignity or cause unnecessary harm to private individuals," the lawsuit says.
"Emilie is trying her best to be there for her surviving son, two-month-old Theodore," the lawsuit says. "But every day is a battle."
Trigg Kiser death Emilie Kiser's son's drowning shows how little privacy influencers get
What are public records? How Arizona law works
In general, police reports and 911 calls are considered public record, but each state has stipulations around the laws. In Arizona, police officials often redact portions of those items.
Under Arizona law, a court can rule to keep public records private if the release could cause "substantial and irreparable private or public harm," according to the Arizona Legislature.
Emilie Kiser's lawsuit alleges that the records have been requested for "commercial purposes," rather than the purpose of monitoring the government as intended by Arizona law.
However, Arizona law does not consider requesting records for the purposes of news gathering to be a commercial purpose, according to Arizona Ombudsman Citizens' Aide.
Media outlets generally request public records related to the deaths of public figures, such as celebrities. For example, the family of country singer Naomi Judd sued in Tennessee to restrict access to public records around her death in 2022, though they eventually dropped the lawsuit.
Influencers struggle to balance public persona and privacy
The events surrounding Emilie Kiser's son's death highlight the lack of privacy influencers have.
Days before police confirmed the boy involved was Emilie Kiser's son, her millions of followers were sending her prayers, and her name was trending on Google.
Rumors about the incident stemmed from a photo in a local news story that online users traced back to Emilie Kiser's home.
While social media influencers are a type of modern public figure, they offer a go-between to connect with people "much more readily than a celebrity," John Powers, assistant professor of interactive media and design at Quinnipiac University, previously told USA TODAY.
"The idea is, a social media influencer could be me, so therefore I feel like this person is just your average person who lives in a normal house and lives their lives like I do," Powers said. "But they also lose that separation when they have millions of followers and people who are constantly checking in on them."
Melina Khan is a national trending reporter for USA TODAY. She can be reached at melina.khan@usatoday.com.
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