2024 Ohio 565
Ohio Ct. Cl.2024Background
- John Doe, a ticket reseller, submitted public records requests to Ohio State University (OSU), seeking detailed information about season ticket holders (including employees and donors) for football and basketball games.
- OSU provided only partially redacted records; Doe filed a public records complaint when full records were not produced.
- OSU argued certain information was protected as trade secrets, by FERPA, or not public records under Ohio case law.
- Both parties filed various motions, including to dismiss, to amend, to strike, for sanctions and attorney fees; the Special Master conducted an in camera review.
- The Special Master found most records were public records (except student and certain address/ID info), and rejected trade secret and administrative convenience arguments for most contested fields; both parties objected to the recommendations.
- The Court adopted the Special Master’s Report and Recommendation, overruled all objections/motions to strike, and ordered OSU to produce most unredacted records but allowed some redactions.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Are faculty/staff cell phone numbers and emails public? | These are part of records documenting financial transactions. | Maintained just for admin convenience; not records under law. | Info is public record; not merely admin convenience. |
| Are physical addresses of ticketholders public records? | Addresses are integrated into contracts and document OSU activities. | Addresses used only for convenience; not part of documenting functions. | Not public records; use not proven for documenting OSU activities. |
| Are ticket holder lists protected trade secrets? | Burden on OSU; failed to show list is a trade secret or protected. | Satisfies trade secret exception due to Besser factors. | No sufficient evidence of protections/secrecy; not trade secrets. |
| Are sanctions/statutory damages/attorneys’ fees warranted? | Should be awarded for improper filings and late evidence. | No basis for sanctions or fees; rules not egregiously violated. | Sanctions, fees, statutory damages denied; not warranted by the record. |
Key Cases Cited
- State ex rel. Dispatch Printing Co. v. Johnson, 106 Ohio St. 3d 160 (addresses kept for admin convenience not public records under Ohio law)
- State ex rel. Cincinnati Enquirer v. Jones-Kelley, 118 Ohio St. 3d 81 (burden to prove applicability of public records exceptions is on the records custodian)
- State ex rel. Besser v. Ohio State Univ., 89 Ohio St. 3d 396 (articulates Besser factors for trade secret analysis)
- State ex rel. Cordell v. Paden, 156 Ohio St. 3d 394 (requester must prove by clear and convincing evidence that the requested item is a public record)