State ex rel. Cincinnati Enquirer v. Sage

A reporter from The Cincinnati Enquirer submitted a public records request to the Butler County Sheriff’s Office for an outgoing phone call placed by a Butler County 9-1-1 dispatcher. The County denied the request, claiming that the return call was both a trial preparation record and a confidential law enforcement investigatory record and, thus, was exempt from the public records laws. The Enquirer sought a writ of mandamus ordering the County to release the recording. The County subsequently released the recording. Judge Sage and the County then filed a motion to dismiss the Enquirer’s mandamus complaint as moot. The court of appeals overruled the motion, granted the writ of mandamus, and awarded statutory damages. The Supreme Court affirmed in part and reversed in part, holding (1) the outgoing 9-1-1 call was a public record and was not exempt from release, and therefore, the Enquirer was entitled to a writ of mandamus ordering release of the record; and (2) the court of appeals did not abuse its discretion in awarding statutory damages but did abuse its discretion in not awarding attorney fees. View "State ex rel. Cincinnati Enquirer v. Sage" on Justia Law