State ex rel. Ware v. Akron (Slip Opinion), 2021 Ohio 624

Relator Kimani Ware, an inmate, mailed two certified public-records requests to the Akron Police Department on February 4, 2019 (policies and several employees’ personnel files).
Ware received no timely response; he filed an original mandamus action in the Ohio Supreme Court on October 16, 2019.
After the complaint, the city responded (October 24, 2019) saying most requested records were copied and would be mailed once Ware paid an invoiced copying fee; Ware asserts the city did not enclose invoices.
The city later filed an affidavit asserting total copying costs of $21.05 but produced no itemized invoice to Ware or to the court.
Ware sought a writ compelling production and $2,000 in statutory damages; the city defended based on administrative errors and a post-request response.
The Court denied Ware’s motion for judicial notice, ordered the city to provide Ware an itemized invoice/breakdown of copying costs, and awarded Ware $1,000 in statutory damages (maximum under the statute).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether mandamus should compel production of requested records	Ware: city failed to provide copies and should be compelled to produce them	City: it agreed to provide copies on payment and thus fulfilled duty once invoice sent	Court: no writ to force production; city may require prepayment but must give invoice details before payment decision
Whether city satisfied R.C. 149.43 by offering records upon payment	Ware: city never provided the invoice so offer was incomplete	City: it offered copies in October 2019 and responded promptly after learning of suit	Held for Ware on notice: city didn’t provide the invoice/breakdown; writ issued ordering the invoice and cost breakdown be provided
Whether Ware qualifies for statutory damages under R.C. 149.43(C)(2)	Ware: entitled to damages for ~9 months’ delay and seeks $2,000	City: delay excused by employee illness and cyber-event; Ware suffered no actual injury; damages contingent on bad faith	Court: statutory damages mandatory for noncompliance; qualifying delivery (certified mail) satisfied; damages awarded despite city’s explanations
Proper amount of statutory damages and whether damages stack for two letters	Ware: two separate requests merit $2,000 ($1,000 each)	City: requests are essentially the same and should not be doubled	Court: denied stacking; awarded maximum $1,000 (statutory cap)

State ex rel. Physicians Commt. for Responsible Medicine v. Ohio State Univ. Bd. of Trustees, 108 Ohio St.3d 288 (recognizing mandamus as a remedy to enforce public-records duties)
State ex rel. Call v. Fragale, 104 Ohio St.3d 276 (copies of records may be charged at cost)
State ex rel. Dehler v. Spatny, 127 Ohio St.3d 312 (public office may require prepayment for copies)
State ex rel. Kesterson v. Kent State Univ., 156 Ohio St.3d 13 (statutory damages for unreasonable delay under Public Records Act)
State ex rel. Dehler v. Kelly, 127 Ohio St.3d 309 (no stacking of statutory damages for essentially same records request)
State ex rel. Cincinnati Enquirer v. Sage, 142 Ohio St.3d 392 (elements and burden for mandamus under Public Records Act)
State ex rel. Cincinnati Enquirer v. Hamilton Cty., 75 Ohio St.3d 374 (Public Records Act construed liberally in favor of disclosure)
Mayrides v. Whitehall, 62 Ohio App.3d 225 (ordering custodian to notify requester of record costs)