2023 Ohio 4593
Ohio2023Background
- WTOL Television, WKYC-TV, and WBNS-TV (media companies) requested records from Cedar Point Police Department (CPPD) regarding incidents at Cedar Point amusement park.
- The CPPD is a police force at Cedar Point, staffed by sworn, state-certified officers appointed under a city ordinance and an agreement with Sandusky, Ohio.
- The media companies sought public records about a guest injury and reports of sexual misconduct between 2017–2022; Cedar Fair (the private company operating the park) and CPPD leadership did not provide them, claiming they were not subject to public records law and/or no records existed.
- The court had to decide if the CPPD, operated by a private entity but performing police functions, must respond to Ohio Public Records Act requests given its governmental-like status.
- The parties submitted briefs, but Cedar Fair did not offer timely evidence to support its claims, and some records were provided only after litigation began.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the CPPD required to comply with the Public Records Act? | CPPD acts as a public office by exercising core gov’t functions | CPPD not legally created as govt entity; private force | Yes, CPPD is the functional equivalent of public office |
| Are requested CPPD records exempt from disclosure? | No evidence for exemption; public has right to records | Records (if any) are confidential/privileged investigatory files | No, burden not met to prove any exemption applies |
| Should statutory damages and attorney fees be awarded? | CPPD clearly subject to Act; damages and fees are warranted | Reasonable to believe no duty to disclose; should not be punished | No, reasonable belief inapplicability; court costs only |
| Is the case moot as some records were later disclosed? | Not all requested documents provided; statutory claims remain | All responsive records already produced, so case is moot | Not moot, as full compliance and damages unresolved |
Key Cases Cited
- State ex rel. Schiffbauer v. Banaszak, 142 Ohio St.3d 535 (private university police department exercising plenary police powers found subject to public records law)
- State ex rel. Oriana House, Inc. v. Montgomery, 110 Ohio St.3d 456 (test for whether private entity is the functional equivalent of a public office under public records law)
- State ex rel. Cincinnati Enquirer v. Dupuis, 98 Ohio St.3d 126 (unsupported assertions of document production do not moot public records litigation)