Strothers v. Norton
131 Ohio St. 3d 359
| Ohio | 2012Background
- Strothers sought public records from East Cleveland Mayor Norton relating to jail operations and policies (contracts, finances, purchases, policies, inspections, and inmate treatment) in a December 2010 request.
- Norton provided some records in December 2010; additional records were supplied January 2011, with some deliveries returned unclaimed.
- Strothers filed a mandamus petition in December 2010 seeking access; Norton and the city later supplied the records to him.
- The court of appeals denied the writ but awarded Strothers $1,000 in statutory damages under R.C. 149.43(C)(1).
- On appeal, the Supreme Court (1) affirmed denial of the writ, but (2) reversed the statutory-damages award, holding Norton produced the records within a reasonable time.
- The Court discussed standing, the scope of public-records requests, and the methods of providing access under the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly denied the mandamus claim | Strothers contends records were not provided promptly. | Norton provided access to all records; mandamus moot. | Affirmed denying mandamus. |
| Whether $1,000 statutory damages were proper | Damages were warranted due to public-records violation. | Damages inappropriate because records produced within a reasonable time. | Reversed the statutory-damages award. |
| Whether Strothers had standing to seek records and damages | Strothers is an aggrieved party under R.C. 149.43(C). | Standing was lacking; issue not properly raised. | Standing was addressed; damages reversed; writ denial affirmed. |
Key Cases Cited
- State ex rel. Striker v. Smith, 129 Ohio St.3d 168 (2011-Ohio-2878) (public-records mandamus generally moot when records are produced)
- Toledo Blade Co. v. Toledo-Lucas Cty. Port Auth., 121 Ohio St.3d 537 (2009-Ohio-1767) (records supplied moots mandamus action)
- Doner v. Zody, 130 Ohio St.3d 446 (2011-Ohio-6117) (must prove entitlement by clear and convincing evidence)
- Rhodes v. New Philadelphia, 129 Ohio St.3d 304 (2011-Ohio-3279) (public-records rights are broad; motive does not defeat standing)
- State ex rel. Taxpayers Coalition v. Lakewood, 86 Ohio St.3d 385 (1999-Ohio-6431) (prior-request prerequisite to mandamus action)
- Patton v. Rhodes, 129 Ohio St.3d 182 (2011-Ohio-3093) (definitional guidance on providing access to records)
- Wadd v. Cleveland, 81 Ohio St.3d 50 (1998) (standards for determining compliance with access duties)