The Ohio Supreme Court has ruled unanimously that the State Highway Patrol must prove that materials withheld from a public-records request are exempt from disclosure under the Ohio Public Records Act.
Now, a southwestern Ohio man’s request for records from the patrol will be heard again by the 12th District Court of Appeals after the 7-0 ruling, released yesterday.
The case, State ex rel. Miller v. Ohio State Highway Patrol, stems from Mark Miller’s request for patrol records in 2011. The records were in reference to Trooper Joseph Westhoven’s traffic stop and arrest of Ashley Ruberg on July 15 or 16, 2011.
The patrol provided some of the materials but refused to release all of the cruiser’s video and audio recordings as well as impaired-driver reports, arguing that the records are protected because they were “investigatory work product.”