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Taking Another Look at Ohio’s Low-Cost Process for Resolving Open Records Disputes

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  • Colorado Freedom of Information Coalition

    The Colorado Freedom of Information Coalition is a nonpartisan alliance of groups, news organizations and individuals dedicated to ensuring the transparency of state and local governments in Colorado by promoting freedom of the press, open courts and open access to government records and meetings.

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In 2018, this blog reported on a then-two-year-old process in Ohio that gives requesters of public records a low-cost way to fight denials in court. A new research paper prepared for the National Freedom of Information Coalition looks at how well the process works.

In Colorado, filing a lawsuit in district court is the only way for journalists and the public to challenge denials — there is no administrative appeal mechanism in the Colorado Open Records Act. Journalists here have some access to legal help for open-government matters because of the Colorado Freedom of Information Coalition and the Reporters Committee for Freedom of the Press’ Local Legal Initiative.

But challenges from ordinary citizens aren’t all that common, perhaps because it can be intimidating to take on the government and the initial cost of a lawsuit — even though a prevailing plaintiff is entitled to attorney fees and court costs. So maybe that’s a reason to consider alternatives for dispute resolution such as the now-eight-year-old Ohio program.