Friday, September 05, 2008

FOIA Friday: City ordered to comply with records request

We've been following GraphicsGuy's long suffering attempts to get public records from the City of Toledo relating to red light cameras. Despite numerous attempts, the information was not forthcoming and he filed a mandamus action in the Sixth District Court of Appeals.

This week, the Court issued an order:

...EITHER DO THE ACT REQUESTED BY RELATOR IN HIS PETITION OR SHOW CAUSE WHY IT DOES NOT DO SO BY FILING AN ANSWER TO RELATORS COMPLAINT OR A MOTION TO DISMISS RELATORS PETITION. THEREAFTER, THIS CASE SHALL PROCEED PURSUANT TO THE OHIO RULES OF CIVIL PROCEDURE. IF RESPONDENT FAILS TO RESPOND, A PEREMPTORY WRIT SHALL BE ISSUED BY THIS COURT SUA SPONTE, PURSUANT TO R.C. 2731.10.

E-JOURNALIZED 9-2-08 HANDWORK SINGER OSOWIK

The City has 14 days in which to respond. Interestingly, this is getting no attention from local media - except from NewsTalk 1370 WSPD, which is where I work.

It appears that GraphicsGuy will also be eligible for the $100 per day 'compensation' for the city's failure to comply with his request. (They don't call it a fine, but that's what it is.) While this is good for him, it's a cost that will be paid by the taxpayers of Toledo, which is bad for us. However, if it causes the city to actually pay attention to future requests, it may be worth it, even though it should never have gotten to this point in the first place.

2 comments:

Lisa Renee said...

I'm glad you are following this.

Hooda Thunkit said...

Maggie,

"However, if it causes the city to actually pay attention to future requests, it may be worth it, even though it should never have gotten to this point in the first place."

Unfortunately Toledo is what an educator would call a S L O W learner. . .

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