NICK EVANS, Ohio Capital Journal — Former Columbus, Ohio police officer Adam Coy shot and killed Andre Hill shortly before Christmas in 2020. Last November Coy was found guilty of murder, felonious assault and two counts of dereliction of duty. As it is in many police involved shootings, body camera footage was crucial evidence establishing the how the incident unfolded.
In the case of Andre Hill, it showed he was unarmed and posed no threat to Coy; more troubling, it showed first responders neglected to render aid for several minutes as Hill was dying. But early this year, Ohio Gov. Mike DeWine signed a controversial new public records provision into law that could make it harder to get body camera footage.
Hill’s family members, and the family members of other people who relied on body camera or dash camera footage following police misconduct, are criticizing the move.
What changed
Under the changes, law enforcement agencies will be able to charge members of the public $75 dollars per hour of video footage they request with an overall cap on charges of $750. Unlike prior law, which allowed public agencies to charge the “actual cost” of copying records, the new law allows them to recoup the cost in staff time associated with reviewing and producing the video.
The idea emerged as time was running out on last year’s legislative session and lawmakers tacked it onto a broader measure. They held no hearings in which members of the public could weigh in on the changes.
In a letter urging DeWine to veto the language, the ACLU of Ohio and an several other watchdog groups stressed the lack of public input.
“We sincerely hope you will agree that, at a minimum, such radical changes to Ohio’s public records laws should be discussed and debated via the typical legislative process,” they wrote.
But in a signing statement, DeWine defended the change.
“No law enforcement agency should ever have to choose between diverting resources for officers on the street to move them to administrative tasks like lengthy video redaction reviews for which agencies receive no compensation,” he argued.
The governor called the proposal a “workable compromise” and compared the charges to user fees. He argued it’s good that the fee is optional rather than mandatory and added “it is also good the user fees are capped and directly related to the cost of production.”
Still, even as he defended the idea, he acknowledged there could be “unforeseen consequences” and said he’d work with the General Assembly to address problems if they arise.
Families weigh in
That argument wasn’t convincing for the families of men who lost their lives because of police actions.
“I felt like it is a step backwards for transparency and accountability,” Hill’s sister Shawna Barnett said during a press conference.
“Honestly, I feel like it damages the public’s trust,” she continued. “Because it feels like the government is putting walls up and not wanting to have things exposed to them that needs to be exposed.”
Chenea Ross’ husband Colby Ross was killed during a high-speed chase of a different driver last year in Montgomery County. She pushed back on arguments, made by supporters, that the potential cost is relatively small.
“I read an article where a gentleman brushed it off and said it’s under $100,” she said. “People can’t afford that a lot of times, so I do think this is very important.”
Eric Lindsay was stopped by West Chester Police at Meijer in 2021, after reports of a white man in a green jacket shoplifting. Lindsay is Black and was wearing an orange jacket. Body camera footage demonstrated officers knew he wasn’t the person they were looking for, but stopped him anyway. In 2023 the township agreed to a $28,000 settlement with Lindsay. He argued charging for access to body camera footage is wrong.
“We pay the salaries of these police officers, we pay for their equipment, and now they’re charging us for what this equipment actually captures in the course of their duties?” he asked in disbelief.
Attorneys who organized the press conference and represent the family members took a skeptical view of the idea as well.
Robert Gresham dismissed the argument that complying with public records requests amounts to an unfunded mandate for police departments with tight budgets. He noted in many cities police spending takes up a third of the operating budget.
“It’s disingenuous when the governor says that this is about cost,” he argued.
Meanwhile Fanon Rucker expressed doubts about how departments would use their new ability to charge requesters. If the department charges one requester $750 to produce a record, what happens if someone else asks for the same record? Can the department impose the same charge?
“Is it justified because the work has already been done?” he asked. “All that’s necessary is the push of a button. So now we’re talking about being doubly compensated for what the public is already supposed to have access to.”