Blalock v. Cartwright, 300 Ga. 884

On Sept. 10, 2015, Oscar Blalock sent a certified request under the Georgia Open Records Act to Lovejoy Mayor Bobby Cartwright; the City did not meet the Act’s three-business-day initial response deadline.
Blalock filed a mandamus petition in superior court on Oct. 9, 2015 seeking production of the records and attorney’s fees; the filing prompted partial and later additional disclosure by the Mayor.
Blalock alleged continued withholding of some categories of records; the Mayor denied withholding and moved to dismiss the mandamus claim.
The trial court dismissed Blalock’s petition, reasoning that the Act’s civil penalties provision provided a remedy “as complete and convenient as mandamus.”
The Supreme Court of Georgia reviewed de novo whether mandamus was precluded by available statutory remedies under the Open Records Act (OCGA § 50-18-70 et seq.).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether civil penalties under the Act bar mandamus	Blalock argued monetary penalties are inadequate because they do not provide access to the records	Mayor argued civil penalties (and the Act’s remedies) provide an adequate alternative to mandamus	Court: Civil penalties alone would not be adequate; monetary relief is not a substitute for access
Whether a private right of action under OCGA § 50-18-73(a) precludes mandamus	Blalock proceeded by mandamus to compel production	Mayor argued the Act grants an express private cause of action to enforce disclosure, making mandamus improper	Court: The Act’s private enforcement action is a “complete and convenient” alternative that precludes mandamus; dismissal affirmed
Whether Blalock may recover civil penalties as a private litigant	Blalock sought remedies including fees; implicitly sought penalties	Mayor relied on Act’s penalty provision as available relief	Court: It’s unclear whether private plaintiffs can recover penalties; even if available, penalties are not an adequate substitute for access
Whether prior practice entertaining mandamus actions under the Act controls	Blalock relied on prior mandamus cases to justify remedy	Mayor argued legislative creation of an express private action supersedes mandamus availability	Court: Since 1982 private cause of action exists and now precludes mandamus; earlier cases are disapproved to the extent inconsistent

Tobin v. Cobb County Bd. of Ed., 278 Ga. 663 (court noting Act provides legal and equitable remedies)
Bowers v. Shelton, 265 Ga. 247 (holding private cause of action exists to enforce the Act)
Richmond County Hosp. Auth. v. Southeastern Newspapers Corp., 252 Ga. 19 (recognizing right to access public records under the Act)
Evans v. Ga. Bureau of Investigation, 297 Ga. 318 (addressing mandamus under the Act; court disapproves reliance to the extent it ignores statutory remedy)
Fulton County Bd. of Ed. v. Thomas, 299 Ga. 59 (de novo review standard for legal questions cited)
Southern LNG v. MacGinnitie, 294 Ga. 657 (standard that alternative remedy must be equally convenient, complete, and beneficial)