Ohio Supreme Court denies newspaper attorney fees in public records case

The Ohio Supreme Court today upheld the 1st District Court of Appeals in denying an award of attorney fees to the Cincinnati Enquirer for legal costs the paper had incurred in pursuing a public records lawsuit against the Cincinnati Public School district. ( Decision )

The Court's summary overviewed the case:

"The newspaper sued the school district in February 2009 after school officials declined to provide the Enquirer with immediate access to the applications and supporting documents submitted by applicants for the district superintendent’s position. In its reply to the paper's public records request, the district indicated that it had not accessed the post office box to which applicants were directed to send their applications, and did not plan to access those documents until March 16, the day after the deadline for candidates to submit their applications. The district offered to provide copies of the requested documents within 24 hours after accessing them on March 16, however, the Enquirer sought a writ of mandamus compelling immediate disclosure and included in its complaint a request for attorney fees."

In January 2010, the 1st District denied the request for attorney fees, holding that the school district was not obligated to provide copies of the requested documents until it had used those documents to carry out the district’s duties and responsibilities, and the district had promptly provided the Enquirer with the requested copies of those documents as soon as it had made official use of them. The Enquirer appealed that ruling to the Supreme Court.