Tuesday, August 13, 2013

Toledo files motion to dismiss 'gang map' lawsuit

From The Blade
The City of Toledo filed a motion today asking for a dismissal of their appeal of the lower court decision regarding a map depicting the territory of gangs. They say in their filing that the publication of the map renders the question moot.

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.”



-Sepp said...

Hmmm...the Blade's map claimes that the neighborhood in which I'm trying to sell a house in...is in gang territory!

The sad thing is that there are no gangs operating near my property or, even close to it. At least not in any open way that myself or, ANY other resident has ever seen.
So, thanks to the Blade, it may be even more difficult to sell that house and, I'm sure I'll have to lower the price now too.
Gotta love the blade...it chases decent leaders away, chases businesses away and now it chases potential home buyers away.

James said...

My house is in a gang neighborhood, so says the map. Good luck to me trying to sell it and getting out of here. Who do I thank for this? Ha, ha.

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