Ohio Supreme Court Ruled Against Records Requester
The court decided Cincinnati does not owe damages for delaying records while awaiting a judge's ruling.
Updated on Oct. 10, 2026 in Government
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The Ohio Supreme Court ruled that the City of Cincinnati is not liable for statutory damages regarding a temporary delay in releasing public records. The court found no bad faith, as the city withheld documents only while a motion to restrict access was pending before the Hamilton County Municipal Court.
Why it matters
This decision clarifies that government agencies can temporarily withhold documents during ongoing legal disputes over access without automatically incurring penalties. It reinforces that delivering records once a court rules on access renders related damage claims moot.
The City of Cincinnati provided the requested records 11 days after the initial request, exactly when the municipal court resolved the motion to restrict access. The state high court found no evidence of bad faith by the city in this timeframe.
The players
Eugene Utz
He is the individual who filed the public records request and subsequent legal challenge against the city.
Sharon L. Kennedy
She serves as the Chief Justice of the Ohio Supreme Court and issued an opinion on the case.
Pavan Parikh
He is the Hamilton County Clerk of Courts currently facing a similar complaint from the same requester.
The details
Eugene Utz requested records regarding the arrest of Alexander Tchervinski, but the city initially withheld them pending a decision on a motion to restrict public access. The Ohio Supreme Court ultimately determined that because the city provided the records once the municipal court ruled, the case was moot.
Timeline
July 2025: A large fight occurred in downtown Cincinnati.
August 2025: Eugene Utz submitted his public records requests.
September 8, 2026: The municipal court hearing on access occurred.
September 30, 2026: The Ohio Supreme Court issued its ruling.
Political Context
The ruling clarifies the application of the Ohio Public Records Act regarding agency response times during active litigation. Opponents of such rulings often argue that allowing any delay in records release weakens transparency and provides too much protection for government withholding.
This decision means that residents seeking public records may face legitimate delays if those documents are tied up in a pending motion in municipal court. It limits the ability of requesters to claim damages for these delays unless they can prove the city acted in bad faith.
The takeaway
This ruling establishes that government records offices are not penalized for pausing disclosures while courts determine the legality of access. Requesters should be aware that temporary withholdings tied to pending motions do not constitute bad faith in the eyes of the state's highest court.
Further reading
For more information on local administrative decisions, visit the Government section.
Source note: This article includes information reported by Dlnnews.
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