In a case of first impression, on March 25, 2015, the Ohio Supreme Court held that a person has standing to bring a lawsuit for denial of public records even though that individual did not make the disputed public records request. State ex rel. Quolke v. Strongsville City School Dist. Bd. of Edn., Slip Opinion No. 2015-Ohio-1083.
Teachers in the Strongsville City School District went on strike early 2013 resulting in the School Board hiring replacement teachers. An attorney on behalf of the President of the Cleveland Teacher’s Union made a public records request for identifying information (e.g. home address, phone number, etc.) of replacement teachers. The attorney did not disclosure the request was made on behalf of the Union President.
The School Board initially denied the request and later provided some records, but redacted much of the information requested. The School Board did not provide non-redacted records even after conclusion of the strike. The School Board argued releasing the requested records even after the strike violates the replacement teachers’ constitutional right to privacy and personal safety. The Court found to the contrary.
The School Board also argued that the Union President lacked standing to sue because he is not an “aggrieved person” under the statute as he did not make the original request. The Court rejected this argument holding that the identity of the original requester is irrelevant as well as his reason for requesting the records. Therefore, the Union President is an “aggrieved person” even though his attorney made the original request on his behalf.
This case reinforces that public agencies must focus on the records request at hand with little to no consideration given to the identity of the requester. Feel free to contact us with questions or if you would like a copy of this case.
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