6 days ago
Mom Influencer Emilie Kiser Sues to Keep Her 3-Year-Old Son's Death Records Private
Arizona-based influencer Emilie Kiser has filed a lawsuit to keep the investigative records of her three-year-old son's drowning private.
On May 18, Trigg Kiser, son of the mega-popular mom influencer, died following a drowning incident. The drowning, which happened on May 12, took place at the Kiser family home in Chandler, a suburb of Phoenix. According to the Chandler Police Department, the circumstances surrounding the incident are still under investigation. 'Out of respect for the family's privacy, we will not be releasing additional details until the investigation is closed,' said Chandler police spokesperson Sonu Wasu.
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Emilie Kiser, 26, has 4 million followers on TikTok and rose to viral fame by sharing videos of her everyday life as a mom and wife. Her eldest son, Trigg, was often featured in her videos, and the news of his passing was met with an intense parasocial reaction, with viewers combing through Emilie's videos for proof of whether or not she had followed safety regulations, and even searching government websites for proof of Trigg's death. Now, in the wake of the tragedy, Emilie has filed a lawsuit to keep the details of the incident private.
The lawsuit was filed on May 27 and lists Emilie as the plaintiff (though she is listed under her maiden name). 'Emilie is going through a parent's worst nightmare right now,' reads the lawsuit. 'Emilie and her family desperately want to grieve in private but sadly, the public will not let them. Trigg's death has become a media frenzy.' Emilie is 'trying her best to be there for her surviving two-month-old son, Theodore', the lawsuit says, but 'every day is a battle.'
The records could include 911 calls, the autopsy report, photos of the scene, the police report, 'graphic security camera footage of the accidental drowning', autopsy photos, and a death certificate, according to the lawsuit. The records have not been made available to Emilie or her counsel, the lawsuit says. 'Nor does Emilie wish to ever view them.'
The lawsuit notes that over 100 public records requests have been filed with the City of Chandler and the Maricopa County Medical Examiner's office for investigative records related to Trigg's death. 'To allow disclosure in these circumstances would be to turn Arizona's Public Records Law into a weapon of emotional harm, rather than a tool of government transparency,' the lawsuit reads. Arizona Public Records Laws do include exceptions, including cases in which the release of a record would 'constitute an invasion of personal privacy and that invasion outweighs the public's right to know,' according to the National Freedom of Information Coalition. The lawsuit contended that the requests for the records related to Trigg's death were 'for commercial purposes' though Arizona law does not regard the requesting of records for journalistic purposes to be commercial. As such, if records were being requested related to Trigg's death for the purpose of news gathering, this exception may not apply. However the suit does not note who filed the requests.
'Trigg's untimely passing is a deeply personal and private family matter,' the lawsuit says, noting that the public was 'not involved in his passing' and the government was only 'tangentially involved' when first responders arrived at the home in response to a 911 call. 'Emilie and her family will suffer specific, material, and irreparable harm if the investigative records are released to the public.'
The defendants include the City of Chandler, the Maricopa County Office of the Medical Examiner, and the Arizona Department of Health Services Bureau of Vital Records. None of the agencies immediately responded to Rolling Stone's requests for comment. 'Emilie respectfully urges this Court to prevent the profound invasion of privacy that would result from the public disclosure of these sensitive materials,' the lawsuit reads. Emilie prays that the Court either enter an order permanently blocking the defendants from granting public access to the investigative or post-mortem records or that the court review the records before they are released to decide 'what, if any, information may be lawfully disclosed.' As part of the lawsuit, Emilie filed a four-page declaration, which has been entirely redacted.
According to the Centers for Disease Control and Prevention, drowning deaths are on the rise. Drowning is the leading cause of death in children between the ages of one and four.
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