COLUMBUS, Ohio — In a step for open records and transparency, the USA Today Network and The Columbus Dispatch has lodged a lawsuit against the Columbus Division of Police with the Ohio Supreme Court. The police department has been accused of refusing to disclose the identities of officers implicated in fatal shootings or other serious use-of-force incidents this year, including the release of police-worn videos.
On Thursday, The Dispatch formally asked the court to compel the department to adhere to state public records laws.
This year has seen multiple denials of The Dispatch’s requests for records, including body camera footage, by the Columbus police, who cite Marsy’s Law as their defense. Enacted this year, the law aims to shield the privacy of crime victims. In these incidents, the police maintain their officers were victims, the newspaper reported on Friday.
The complaint specifically addresses the department’s refusal to unveil the identity of eight officers engaged in a July 6 shootout on Interstate 70. The altercation resulted in a suspected bank robber’s death and left an officer injured. The police department also did not release related body camera footage.
Jack Greiner, The Dispatch’s attorney — who has also represented the Guardian in similar cases — asserts that the public is entitled to records that identify officers involved in forceful incidents.
Beryl Love, regional editor for the USA TODAY Network Ohio, remarked, “We unreservedly back victims’ rights and typically withhold the names of juveniles and sexual assault victims. However, we’re now facing an overreach, translating to a setback for open records and transparency.”
In response, the Columbus Division of Police stated they wouldn’t comment on ongoing litigation and passed the matter to the City Attorney’s Office for representation.
City Attorney Zach Klein’s spokesperson relayed, “We recognize the media and public’s exasperation over concealing officers’ names in specific use-of-force situations where they are crime victims. We echo this sentiment. This concern was communicated to the legislature during Marsy’s Law drafting, but the legislators opted against any disclosure exceptions. We’re eager for the Court’s input on this matter, offering guidance to Ohio’s law enforcement agencies as they balance transparency with upholding the law.”
Marsy’s Law has been invoked by both the Columbus police and other enforcement agencies to decline other record requests. For instance, following a July 8 incident that left 45-year-old Antwan Lindsey dead, police and the Franklin County Sheriff’s Office declined to release footage or names of the involved officers. Similarly, the Blendon Township Police have yet to disclose the officers’ names related to the shooting of 21-year-old Ta’Kiya Young on Aug. 24.
However, in certain incidents like the April 29 episode where Columbus officers were fired upon, and another shooting in the Short North, the police did release body camera footage and officer names.
The Supreme Court will likely issue a preliminary ruling in the coming weeks before briefs are filed.