591 N.E.2d 422 | Ohio Ct. App. | 1991
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *527
The parties have entered into stipulations concerning the practice of the city in keeping and releasing arrest records. The city has also submitted to the court all disputed records which could come within the scope of Lippitt's request; these include its "soundex" arrest records, its Scientific Investigation Unit cover sheets, FBI "rap sheets," and Ohio Bureau of Criminal Identification and Investigation "rap sheets." The parties have briefed the *528 core issue: whether the law of privacy or any other federal or state law prohibits the release of any of these arrest histories.
The city's Scientific Investigation Unit also keeps records listing a person's arrest history. These records usually consist of a cover sheet, which contains biographical data including names of relatives, FBI and BCI "rap sheets," fingerprint cards and sometimes photographs and investigatory reports. The city permits access to these records only for law enforcement purposes.
In State, ex rel. Beacon Journal Publishing Co., v. Univ. ofAkron (1980),
In State, ex rel. Cincinnati Post, v. Schweikert (1988),
Moreover, claim of a fundamental right of privacy protected by the Constitutions is not well founded. The authorities upon which the city relies do not support that proposition. The United States Supreme Court did not decide United States Dept.of Justice v. Reporters Committee for Freedom of the Press
(1989),
Finally, the city argues that the names of relatives should be redacted from the Scientific Investigation Unit's cover sheets, pursuant to R.C.
Redaction, however, by the court is not appropriate in this case. Most, if not all, of the information sought to be exempted is available through other public records, such as birth certificates or marriage licenses. Subsection (A)(2)(d) limits the statute's protection only to witnesses, information sources, victims and law enforcement officers, and the city has not shown that any of the relatives at issue come within any of those categories. Perhaps even more important, the city has not shown that disclosure of the records will really pose a risk to these people.
Accordingly, this court holds as follows: Document Nos. 1, 2, 3, 4, 8, 9, 13, 14, 15, and 16 (the "soundex" cards and the city arrest records for the five *531 individuals) should have been and are to be disclosed in their entirety. Document Nos. 5, 10, and 17 (the Scientific Investigation Unit cover sheets) should have been and are to be disclosed, except the FBI and OSB numbers are to be redacted. Document Nos. 6, 7, 11, 12, and 18 (FBI and BCI "rap sheets") are to be redacted in their entirety and not disclosed.
Lippitt's demand for attorney fees or sanctions is denied. The Ohio Supreme Court has established that the awarding of attorney fees is not mandatory and that the reasonableness of the respondent's position may be considered. State, ex rel.Multimedia, Inc., v. Whalen (1990),
In conclusion, Lippitt's petition for a writ of mandamus is granted in part and denied in part. Because all of the parties have the right to appeal from this judgment and because public records cases pose unique problems, it is important that the confidentiality of the records be preserved until either the parties exhaust their appeals or all of the parties agree to end the litigation. Accordingly, to preserve the status quo, this court will reseal the records submitted to it.
The court will hold the sealed sets of records during the time of appeal. In the event the parties appeal, the court will forward the sealed sets of records to the Ohio Supreme Court with the rest of the file.
If none of the parties appeal or if all of the parties agree to end this litigation and abide by the judgment of this court, then the respondents will furnish the relator at relator's expense with a copy of the public records in accordance with our findings.
Costs of this action are taxed to the respondents.
Judgment accordingly.
PATTON, C.J., and KRUPANSKY, J., concur.
Similarly, the city's concerns that disclosure of law enforcement records will compromise the integrity of the criminal justice system are not insubstantial. Judicial fiat, however, is not the proper course of action. Whatever adjustments are necessary to best serve society should be made by the legislature. *532