In his ruling against the Concerned Members, Judge Crittenden stated, "...despite the fact that the Attorney General's opinion was legally sound", the KHS is not required to turn over a list of its members. Both the Franklin County Circuit Court and the Attorney General now agree on the record that members of the KHS are indeed entitled to the membership roles.

That's two victories for the Concerned Members of the KHS, and two strikes against the Kentucky Historical Society.

The contradictory statement of the Court reflects the contradictory behavior of the KHS. The KHS sued the Concerned Members, anticipating a court victory that would allow it to continue to deny members public information. To the surprise of the KHS, the Concerned Members agreed to have the Court rule on the issue. Caught off guard, the KHS swivelled on its position. Instead, the KHS asked the Court to knock out the issue altogether on a technicality of legal procedure, which the Court saw fit to do.

Why did the KHS reverse course and no longer want the Court to hear the issue? The KHS clearly didn't want to face up to the Court's position stated by Judge Crittenden when he said the AG's opinion was legally sound. The KHS couldn't stand the heat, so it fled from the kitchen.

The KHS persists in its contradictory behavior. President Libby Jones stated to Concerned Members, "This is a transparent organization." She clearly means transparent, except for the disclosure of public information. Concerned Members assume she also means transparent except if you want to elect your own officers.

The contradictory behavior of the Kentucky Historical Society and its Executive Committee is not sustainable. Nor should it be if the rule of law is to prevail. Even Judge Crittenden stated his ruling is appealable.