2012 Ohio 3648
Ohio Ct. App.2012Background
- Brookville appeals a Hamilton County trial court’s denial of its TRO and preliminary injunction to stop disclosure of unredacted streetcar-proposal materials.
- The City sought proposals for a streetcar system; proposals and BAFO contained trade-secret information Brookville claimed was exempt from disclosure.
- Brookville redacted trade secrets from its Proposals and BAFO; the Enquirer requested unredacted versions of those records.
- City notified Brookville of imminent disclosure absent a court order; Brookville filed suit for declaratory judgment and injunctive relief.
- The trial court conducted in camera review and denied most of Brookville’s protective relief but granted TRO as to some baseline-pricing and certain technical information.
- On appeal, Brookville disputes the waiver of trade-secret protection under Cincinnati Municipal Code 321-61 and Allright Parking framework; majority affirms denial
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of trade secrets relates to public records | Brookville asserts it did not waive protection; information is protected as trade secrets. | City and court properly applied Allright Parking and Cincinnati code to find waiver for public inspection. | Waiver found; trade secrets not protected for Proposals/BAFO |
| Likelihood of success on the merits for declaratory judgment | Brookville argues trade-secret exemption blocks disclosure under RC 149.43. | City may disclose under public records rules; no likelihood Brookville will prevail. | Brookville not likely to succeed due to waiver |
| Irreparable harm and public interest balance | Disclosures would irreparably harm Brookville and undermine trade-secret protections. | Public records access and local-proposal process favor disclosure; minimal irreparable harm given waiver. | Public interest and lack of irreparable harm support denial |
Key Cases Cited
- State ex rel. Allright Parking of Cleveland, Inc. v. Cleveland, 63 Ohio St.3d 772 (1992) (two-step in camera and waiver for trade secrets under public-records exemptions)
- State ex rel. The Plain Dealer v. Ohio Dept. of Ins., 80 Ohio St.3d 513 (1997) (public-records submission standards and waivers analysis)
- State ex rel. Besser v. Ohio State Univ., 89 Ohio St.3d 396 (2000) (trade secrets exempt under RC 149.43)
- Cincinnati v. Harrison, 1st Dist. No. C-090702 (2010) (injunction standards balancing likelihood, irreparable harm, third-party harm, public interest)
- Allright Parking of Cleveland, Inc. v. Cleveland, 1991 Ohio App. LEXIS 890 (1991) (waiver and scope of public-records information related to applications)