STATE EX REL. v. CLEVELAND

Nos. 2004-0448 and 2004-1765.

106 Ohio St.3d 70 (2005)

2005-Ohio-3807

THE STATE EX REL. PLAIN DEALER PUBLISHING COMPANY v. CITY OF CLEVELAND. THE STATE EX REL. VINDICATOR PRINTING COMPANY v. CITY OF YOUNGSTOWN.

Supreme Court of Ohio.

Decided August 10, 2005.


Attorney(s) appearing for the Case

Baker & Hostetler, L.L.P., and David L. Marburger, for relator Plain Dealer Publishing Company.

Subodh Chandra, Cleveland Director of Law, Barbara A. Langhenry, Chief Assistant Director of Law, and Thomas L. Anastos, Assistant Director of Law, for respondent city of Cleveland.

Gittes & Schulte, and Frederick M. Gittes; Baker & Hostetler, L.L.P., and David L. Marburger, for relator Vindicator Printing Company.

Iris Torres Guglucello, Youngstown Law Director, for respondent city of Youngstown.

Crabbe, Brown & James, L.L.P., Larry H. James, and Laura MacGregor Comek, urging denial of the writ in case No. 2004-0448 for amicus curiae National Fraternal Order of Police.

Paul L. Cox, Chief Counsel, Fraternal Order of Police of Ohio, Inc., urging denial of the writ in case No. 2004-0448 for amicus curiae Fraternal Order of Police of Ohio, Inc.

Faulkner, Muskovitz & Phillips, L.L.P., Robert M. Phillips, and Ryan J. Lemmerbrock, urging denial of the writ in case No. 2004-0448 for amicus curiae Fraternal Order of Police, Cleveland Lodge No. 8.

Walter & Haverfield, L.L.P., and Kenneth A. Zirm, urging granting of the writ in case No. 2004-1765 for amici curiae the Columbus Dispatch, the Copley Press, Inc., Beacon Journal Publishing Company, the Associated Press, the Cincinnati Enquirer, E.W. Scripps Company, Cox Ohio Publishing, the Blade, the Ohio Newspaper Association, and the Ohio Coalition for Open Government.

Marshall & Morrow, L.L.C., John S. Marshall, and Edward R. Forman, urging granting of the writ in case No. 2004-1765 for amici curiae the American Civil Liberties Union of Ohio Foundation, the Committee Against Sexual Harassment, and Copwatch.


LUNDBERG STRATTON, J.

{¶ 1} These are mandamus cases in which relators request copies of police officer photographs. Because these records are peace-officer residential and familial information under R.C. 149.43(A)(7)(b) and exempt from disclosure under R.C. 149.43(A)(1)(p), we deny the writ.

State ex rel. Plain Dealer Publishing Co. v. Cleveland, Case No. 2004-0448

{¶ 2} Relator, Plain Dealer...

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