State ex rel. Multimedia, Inc. v. Whalen

In State, ex rel. Natl. Broadcasting Co., v. Cleveland (1988), 38 Ohio St. 3d 79, 526 N.E. 2d 786, we held that in an open records case the respondent had the burden of proving that public records are excepted from disclosure. We find that respondent has not sustained this burden of proof and grant the writ.

Respondent raises multiple defenses in his answer, but briefs only two of them: executive privilege and adequate remedy at law. We consider only these two.

Respondent argues that since an investigation of this incident is ongoing, executive privilege permits him not to disclose the records.…