Dispatch files complaint with Ohio Supreme Court against Columbus police seeking records
The Columbus Dispatch filed a complaint with the Ohio Supreme Court against the Columbus Division of Police for not releasing the identities of officers involved in deadly shootings or other uses of force this year.
The Dispatch filed the complaint Thursday asking the court to make the department comply with state public records laws.
Columbus police have denied The Dispatch's requests for records, including body camera footage, multiple times this year by citing Marsy's Law. The law, intended to protect the privacy of crime victims, took effect this year, and police assert their officers were victims in these incidents.
The newspaper's complaint specifically points out police declined to release the identity of eight officers involved in a shootout on July 6 on Interstate 70 that left a suspected bank robber dead and an officer injured. The department also refused to release body camera footage.
Via its attorney, Jack Greiner, The Dispatch argues that the public has a right to records identifying officers involved in use-of-force incidents.
"We absolutely support the idea of victims' rights and, in fact, have policies to keep private, in most cases, the names of juveniles and victims of sexual assault," said Beryl Love, regional editor for the USA TODAY Network Ohio. "But what we've encountered here is overreach, resulting in a big step backward for open records and transparency."
From the editor: Ohio's enactment of Marsy's Law muddies the water for public records
The Columbus Division of Police said via a spokesperson they do not comment on pending litigation and deferred to the City Attorney's Office, which will represent the police.
A spokesperson for City Attorney Zach Klein's office sent the following statement:
“We understand the frustration from the media and the public about shielding the names of officers involved in certain use-of-force situations where they are the victim of a crime. We share in that frustration. This issue was a concern the City Attorney’s Office shared with the legislature as they were crafting this latest version of Marsy’s Law, but lawmakers ultimately decided not to make any exceptions for disclosure within the plain language of the law. We welcome the opportunity for the Court to weigh in on this issue to give further guidance to all Ohio law enforcement agencies as they navigate their responsibility to be responsive and transparent with the media and the public while also upholding their constitutional duty to follow the law.”
Advocates for Marsy's Law told The Dispatch law enforcement is misapplying the legislation. A spokesperson for Marsy's Law for Ohio sent the following statement:
“When reviewing the conduct of an on-duty law enforcement officer who has used physical force, the right to privacy of their name must quickly yield to the public’s right to know.”
In addition to the Interstate 70 shootout, Columbus police and other law enforcement agencies have used Marsy's Law this year to refuse other records requests.
Police and the Franklin County Sheriff's Office declined to release footage or names after four officers and a deputy were involved in a July 8 shooting that left 45-year-old Antwan Lindsey dead.
Blendon Township Police has not released the names of officers involved in the shooting of 21-year-old Ta'Kiya Young on Aug. 24 as she drove toward an officer.
Columbus police have released body camera footage in some cases like of an April 29 incident during which someone shot at Columbus officers and video from a shooting in the Short North that showed shots being fired, along with the names of the officers who shot back.
jlaird@dispatch.com
@LairdWrites
This article originally appeared on The Columbus Dispatch: Columbus Dispatch seeking records from police, files court complaint
