Evansville Courier & Press and Rita Ward v. Vanderburgh County Health Department
993 N.E.2d 302
Ind. Ct. App.2013Background
- In June–July 2012 Rita Ward and the Evansville Courier & Press requested death certificates from the Vanderburgh County Health Department; the Health Department denied the requests.
- Ward sought and received conflicting advisory opinions from the Public Access Counselor (initially approving the denial, then amending to say denial was improper); the Courier & Press made a separate request the day after the amendment and was also denied.
- Plaintiffs sued under the Access to Public Records Act (APRA), moved for summary judgment, and sought an order compelling disclosure of the death certificates (specifically cause-of-death information).
- The trial court denied plaintiffs’ summary judgment motion and entered judgment for the Health Department; plaintiffs appealed.
- The parties agreed death certificates are public records under APRA but disputed whether Indiana Code § 16-37-1-8 (limits on disclosure by local health officers) barred disclosure absent a showing of direct interest and necessity.
- The appellate court examined statutory text and related vital-statistics statutes and concluded cause-of-death information need not be disclosed unless the applicant shows a direct interest and necessity; it affirmed the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Health Department violated APRA by denying requests for death certificates (cause-of-death information) | Section 16-37-1-8’s phrase “certification of death registration” differs from the “certificate of death” in § 16-37-3-3, so § 16-37-1-8 does not bar disclosure; APRA requires disclosure | § 16-37-1-8 restricts a local health officer to provide a death certificate only if applicant shows a direct interest and necessity; absent those showings, disclosure is prohibited | The court held the Health Department did not violate APRA; § 16-37-1-8 limits disclosure and plaintiffs made no required showings |
Key Cases Cited
- Haegert v. Univ. of Evansville, 977 N.E.2d 924 (Ind. 2012) (summary-judgment standard)
- State v. Int’l Bus. Machs. Corp., 964 N.E.2d 206 (Ind. 2012) (statutory interpretation reviewed de novo; legislative intent governs)
- Shepherd Props. Co. v. Int’l Union of Painters & Allied Trades, Dist. Council 91, 972 N.E.2d 845 (Ind. 2012) (APRA generally requires disclosure of public records)
- Evansville-Vanderburgh County Dep’t of Health v. Evansville Printing Corp., 332 N.E.2d 829 (Ind. App. 1975) (prior appellate treatment of related statutes; discussed but not controlling)