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Two rulings against open records. Is Ohio Supreme Court shifting away from transparency?

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Two rulings against open records. Is Ohio Supreme Court shifting away from transparency?


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In a matter of four months, the Ohio Supreme Court ruled against releasing information in two public records cases, and it is now weighing what to do two other high-profile records fights.

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In a 4-3 decision issued in January, the court held that the cost of sending troopers to protect the governor at a Super Bowl game weren’t subject to disclosure. And in a 5-2 ruling in April, the court said that the Ohio Department of Health should redact from a database the names and addresses of Ohioans who had died, even though that death certificate information is released on a one-by-one basis.

Both of those lawsuits were filed by the owners of this newspaper.

Pending before the court now are two cases about whether police officers’ names can be withheld under a new law that is supposed to protect crime victims.

Cleveland area attorney Brian Bardwell, a former journalist who operates Speech Law LLC, said the two recent rulings are evidence of a long-running hostility toward open records from the Ohio Supreme Court.

“When it comes to government accountability, civil rights, public records, the solutions for the courts is always to just close the doors tighter and tighter and keep people out. They just want people to stop filing these cases and go away,” Bardwell said. “What they really need to do is start doling out harsher and harsher punishment to mayors and public police officers and other government officers who want to operate behind closed doors.”

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But Columbus attorney Fred Gittes, who has been litigating open government cases for nearly five decades, said it’s difficult to predict how the supreme court will rule on records cases and the two decisions this year don’t make a pattern.

Ohio’s ‘sunshine’ laws

Ohio has “sunshine” laws designed to hold governments accountable and help the public know what their governments are doing.

The open records law lays out what records − budgets, meeting minutes, personnel files, police reports and more − must be disclosed upon request. The open meetings act requires public bodies to hold their meetings in the open.

Both laws have exceptions. For example, public bodies can meet behind closed doors to discuss pending litigation or the purchase of property. The open records law allows withholding records related to trial preparation, juveniles, public employees’ home addresses and other matters.

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Should police officers’ names be disclosed?

The Ohio Supreme Court is considering other public records cases that could have sweeping implications for open government. Two cases involve how to interpret Marsy’s Law, a voter-approved constitutional amendment that is supposed to protect and support crime victims.

Police agencies across Ohio have used Marsy’s Law as grounds for not disclosing names of officers involved in fatal shootings and use of force. In cases where officers have been assaulted or injured in those incidents, they’re categorized as crime victims.

Nadine Young asked the Ohio Supreme Court to order the Blendon Twp. Police Department to disclose the names of the two officers involved in fatally shooting her daughter, Ta’Kiya Young, in a Kroger parking lot in August 2023. The police department argued that Young assaulted officers with her car, making them the victims.

The Young family and the Ohio Crime Victims Justice Center sued over the redactions, saying Ta’Kiya Young was the crime victim, not the officers. The Ohio Supreme Court ordered the police department to identify the officers to the court but has yet to rule on the overall case.

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The Columbus Dispatch filed a similar lawsuit in October 2023 against Columbus police for failing to disclose names of officers involved in fatal shootings and use of force.

Police and the Franklin County Sheriff’s Office declined to release footage or names after four officers and a deputy were involved in a July 2023 shooting that left 45-year-old Antwan Lindsey dead.

After three young boys were shot and killed at their home in Clermont County in June 2023, the sheriff’s office cited Marsy’s Law and redacted documents containing the officers’ narratives of the incident.

Cincinnati police have been withholding the names of homicide victims and redacting their names from incident reports for months, citing Marsy’s Law.

And the Akron Beacon Journal is suing the city of Akron to force disclosure of the identities of officers involved in three separate fatal shootings. That case, filed in 2022, does not involve Marsy’s Law. It is pending before the Ohio Supreme Court.

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Gittes said in his opinion, police shouldn’t be allowed to keep their identities secret under Marsy’s Law because officers’ accountability is crucial given their power to arrest and use deadly force.

Without transparency, there is no accountability, he said.

Bardwell isn’t hopeful that the Ohio Supreme Court will rule in favor of transparency in the Marsy’s Law cases and that will give police agencies the go-ahead to hide more records. “If you give the police an inch on secrecy, they’re going to take a mile and I’m betting that’s where we’ll end up here as well.”

Lawmakers probably won’t make changes

State lawmakers could change the state law that describes how Marsy’s Law operates, change the laws that protect health care information from disclosure or make other tweaks to increase transparency.

“I won’t be holding my breath on it,” Bardwell said.

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Gittes agreed and said lawmakers are more likely to add more exemptions to the open records law.

“Over the last few decades, the Legislature has been increasingly hostile to open government, records in particular,” he said.

Laura Bischoff is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.



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Ohio

Air Quality Advisory issued for multiple Northeast Ohio counties

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Air Quality Advisory issued for multiple Northeast Ohio counties


The Northeast Ohio Areawide Coordinating Agency has issued an Air Quality Advisory for multiple Northeast Ohio Counties.

The following counties will be under this advisory through Monday:

  • Ashtabula County
  • Cuyahoga County
  • Geauga County
  • Lake County
  • Lorain County
  • Medina County
  • Portage County
  • Summit County

NOACA said the air quality levels in the affected counties are unhealthy for sensitive groups.
Want the latest Power of 5 weather team updates wherever you go? Download the News 5 App free now: Apple|Android

Download the StormShield app for weather alerts on your iOS and Android device: Apple|Android

Click here to view our interactive radar.

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Read and watch the latest Power of 5 forecast here.

Follow the News 5 Weather Team:

Mark Johnson: Facebook & Twitter

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Katie McGraw: Facebook & Twitter

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You’re Nuts: What is your most unreasonable Unreasonable Expectation for the Ohio State season?

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You’re Nuts: What is your most unreasonable Unreasonable Expectation for the Ohio State season?


From now until preseason camp starts in August, Land-Grant Holy Land will be writing articles around a different theme every week. This week is all about our Unreasonable Expectations. You can catch up on all of the Theme Week content here and all of our Unreasonable Expectations here.

Everybody knows that one of the best parts of being a sports fan is debating and dissecting the most (and least) important questions in the sporting world with your friends. So, we’re bringing that to the pages of LGHL with our favorite head-to-head column: You’re Nuts.

In You’re Nuts, two LGHL staff members will take differing sides of one question and argue their opinions passionately. Then, in the end, it’s up to you to determine who’s right and who’s nuts.

Today’s Question: What Is Your Most Unreasonable Unreasonable Expectation for the Ohio State Football Season?


Jami’s Take: Will Howard will be a Heisman finalist

Will Howard saw a lot of playing time at Kansas State, and as Ohio State’s starting quarterback job is still very much up for grabs, there’s been a lot of talk about whether he can actually fill that role for the Buckeyes now that he’s transferred.

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And while we probably shouldn’t throw out the tapes from Kansas State altogether, I also don’t think they’re indicative of his potential as a Buckeye. In fact, I don’t think we have any idea what he’s capable of yet.

So my first expectation for this season (a not-at-all unreasonable one), is that Howard will be the Buckeyes’ starting quarterback.

My second expectation — a far more unreasonable one — is that he will be a Heisman finalist (I know that’s pretty unhinged even for me. I’m leaning in, though).

In large part, a quarterback is only as good as the players around them, including the offensive line and the receivers. And with no disrespect to Kansas State (ranked 18th in the final 2023 AP Poll), Howard certainly didn’t have players of the same caliber around him in Kansas as he will in Columbus.

At Kansas State, he was surrounded largely by some very talented three-star players. There is nothing wrong with being a three-star player! You’re batting above average, you’re definitely better than me! I am not knocking three-star players! But in Columbus, that rating largely bumps up to four or five stars.

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Not only does this mean he will be set up for more success (both in terms of the quality of receivers he needs to connect with and in terms of how much time he’ll have to throw the ball), but there’s also a strong possibility that playing with better players will force him to elevate his own game. The guys around him will make him look good, yes, but they will also make him better.

Even if, by some mystery, he plays exactly the same, we know the Heisman committee loves a quarterback, and we’ve seen finalists in recent years who weren’t even the strongest guys on their OWN offense, let alone in the country. But because the other guys on their offense were so strong, their job at quarterback looked easy. And making it look easy is very convincing to the Heisman committee.

It’s deceptive, but it happens often.

And this year, with better weapons and a higher bar, I believe Howard will have a breakthrough season that puts him in the same ballpark as Quinn Ewers at Texas (currently the preseason favorite to win the Heisman) or Carson Beck at Georgia. With receivers like Emeka Egbuka and Carnell Tate, plus an offensive line powered by guys like Donovan Jackson, expect Howard to surprise everyone.

He doesn’t have to be the best player in the country to be a Heisman finalist. He just has to be one of the best, and with the right people around him, I believe he has what it takes to nurse the Buckeyes’ wounds from last season and make an impression with the Heisman powers-that-be.

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Matt’s Take: Ohio State will have the Big Ten’s Offensive, Defensive, Quarterback, Running Back, Wide Receiver, Defensive Lineman, Defensive Back, and Coach of the Year

Look, the idea for this prompt was to go way overboard, like even more overboard than normal, so I did just that. The Ohio State football program has had some dominant runs when it comes to Big Ten awards, but that was the old Big Ten when it was just a 14-team league and the Buckeyes were really the only serious team in the conference.

Now, we are coming off three straight seasons of That Team Up North winning the league title and the Corn and Blue are now the defending national champions (sorry, I just threw up in my mouth a little bit). Not only has OSU been dethroned as the league’s only dominant team, but the Powers That Be have added four West Coast-based teams with loads of football prowess and pedigree of their own. This fall, Oregon, UCLA, USC, and Washington will be Big Ten members, meaning that Ohio State will have to contend with even more competition for the conference crown as well as post-season awards.

However, in my most unreasonable of unreasonable expectations, I do think that Ryan Day’s squad can walk away with both the Offensive and Defensive Players of the Year, as well as the quarterback, running back, wide receiver, defensive lineman, and defensive back awards. And, in what might be the most unreasonable expectation of all, that Day himself will win the B1G Coach of the Year honor… outright! Day shared the award with Minnesota’s P.J. Fleck in 2019, but before that, a Buckeye coach hadn’t won the award since Earl Bruce in 1979.

Obviously, if Jami’s Will Howard prediction comes true, I will take him as the B1G QB of the year, but the beauty of this unreasonable expectation is that on all of the others, I have options. Like with the Ameche-Dayne Running Back of the Year, that could legitimately be either TreVeyon Henderson or Quinshon Judkins. The Richter–Howard Receiver of the Year could be Emeka Egbuka, Carnell Tate, or even Jeremiah Smith; Smith–Brown Defensive Lineman of the Year… J.T. Tuimoloau, Jack Sawyer, Tyleik Williams; Tatum–Woodson Defensive Back of the Year… Denzel Bruke, Caleb Downs, Lathan Ransom.

I know that the voters like to spread these awards around, but with how stacked this roster is, I could see it being a case where they have no other choice than to just give all of the awards to the boys in scarlet and gray.

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Let us know who you are agreeing with:

Poll

Who has the right answer to today’s question?

  • 0%
    Jami: Will Howard will be a Heisman finalist

    (0 votes)

  • 0%
    Matt: Practically Sweep the B1G awards

    (0 votes)



0 votes total

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Was it a hoax? 4 accused in illegal Ohio hunt of 18-point deer

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Was it a hoax? 4 accused in illegal Ohio hunt of 18-point deer


What end deer hunter Christopher J. Alexander foresaw in November when he reported the buck whose pinups drew raves couldn’t have been this one.

The tale Alexander related at the time hinted at fortune, not ruin. At fame, not infamy. A tangle of facts sometimes intrudes.

The story of the potential Ohio record buck hasn’t reached an end exactly. An indictment is only a charge. That holds true when even 23 charges and a grand jury are involved, as occurred early this month.

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A Clinton County court ultimately will adjudicate the matter of guilt.

What Alexander, 28, of Wilmington, is accused of by the Ohio Attorney General’s Office boils down to felony fraud and to misdemeanor hunting violations, some of which are tied to more than a single deer.

But it was a single deer that commanded attention.

Mike Rex, an experienced measurer of antlers, an officer in the Buckeye Big Buck Club, and a longtime and successful hunter of trophy whitetails, took a close look soon after the Nov. 9 kill and declared, “It was the biggest set of antlers I’ve ever held in my hand.”

With only the slightest of reservations, Rex said in December he would support Alexander’s 18-point buck as a state record when in January a panel of measurers officially would put tape to the typical, that is, symmetrical rack.

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Neither Rex nor most interested people at the time pondered reasons to doubt Alexander’s story about a surprise late-afternoon encounter with a distant deer carrying epic antlers on property his sister, Kristina Alexander, had only recently acquired.

The deer, Alexander said, seemed to be pursuing a doe when it fortuitously ambled to within about 7 yards of the tree stand and the waiting crossbow.

“I knew he was a giant,” the hunter said. “I didn’t know he might be a record.”

A few weeks after the kill, Alexander confided that he’d already been offered $20,000 for the antlers but was holding out until the official scoring. He said was willing to take the risk because the antlers might fetch $100,000 if determined to be a record.

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The possibility that a giant buck could have been roaming the countryside not far from Wilmington unknown or unphotographed did seem unlikely in an age of preseason antler scouting and in-season trail cameras.

That Alexander’s chance deer had drawn attention and interest before its demise seemed unavoidable. And thus was the case.

The big buck generously had showed up for semiregular public viewing at a local cemetery. Its head and antlers mounted on some hunter’s wall wasn’t on the wish list of many who’d come to appreciate the deer’s stately presence among them.

How the Ohio Division of Wildlife was alerted hasn’t been revealed, but an investigation begun in December uncovered evidence that led to the indictments.

According to Attorney General David Yost’s office, Alexander claimed that the deer was shot and killed on the land owned by his sister, where he had written permission to hunt. However, an investigation by the Ohio Department of Natural Resources, which obtained a warrant for Alexander’s cellphone data, found that deer was illegally hunted on private property 10 miles from his sister’s land.

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Alexander staged the deer taking at his sister’s property, according to Yost’s office, with the help of Corey Haunert and his brother, Zachary Haunert, to conceal the poaching. The written permission presented to wildlife officers was likewise falsified.

ODNR’s investigation also found that Corey Haunert aided Alexander in poaching deer on multiple occasions, according to Yost’s office.

Charges against Alexander include three felony counts of theft by deception and one felony count of tampering with evidence. Hunting violations, all misdemeanors, include multiple counts of hunting deer without written permission, taking possession of a deer in violation of a division rule, hunting without a license and hunting deer without a valid permit. Single counts include jacklighting, theft, falsification and sale of wildlife parts.

Corey Haunert, 29, of Hillsboro, was indicted on a felony charge of tampering with evidence and on misdemeanor charges including four counts of aiding a wildlife offender, two counts of hunting without permission and a single count of falsification.

Kristina Alexander, 37, of Blanchester, and Zachary Haunert, 31, of Lebanon, face two misdemeanor counts.

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Contributing: Chad Murphy, Cincinnati Enquirer

outdoors@dispatch.com



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