|From The Blade|
The Toledo Blade maintained that the map was a public record subject to disclosure. The city maintained that it was a confidential investigatory item which is exempt from disclosure under Ohio public records law.
The Blade filed a writ a mandamus asking that the city be ordered to release the map. The court ruled 2-1 that the map was a public record and the city appealed.
However, the paper published a copy of the map it says it was given by someone not in the city law department nor in the police police department.
Here is the press release:
City files motion to dismiss in “Gang Map Case”
The City of Toledo today filed a motion to dismiss in the case of State, ex rel The Toledo Blade Company. The motion stated the following:
“This case is before this Court as an appeal of right as it originated in the court of appeals as an original action seeking a writ of mandamus. At issue was the City’s refusal to provide the Relator-Appellee with a document prepared by a Toledo police detective and referred to as a “gang map.” The City refused to provide the map as it believed the map was a confidential law enforcement investigatory record and, thus, not a public record under Ohio law.
“In a 2-1 decision the Sixth District Court of Appeals granted the requested writ and this appeal was taken. On or before August 12 the Relator was provided with a copy of the requested “gang map” by an undisclosed source. The map was published in the Relator’s newspaper on August 13, 2013.
“While, arguably, important legal questions remain that are capable of repetition yet evading review, Respondent-Appellant believes that the publication of the requested record moots the underlying issue before this Court.
“Accordingly, dismissal of this action is appropriate at this time.”