State ex rel. Multimedia, Inc. v. Whalen

We have held that an award of attorney fees in public records cases is discretionary and is to be determined by the presence of a public benefit conferred by relator seeking the disclosure. Moreover, since the award is punitive, reasonableness and good faith of the respondent in refusing to make disclosure may also be considered. State, ex rel. Fox, v. Cuyahoga Cty. Hosp. System (1988), 39 Ohio St. 3d 108, 529 N.E. 2d 443; State, ex rel. Mazzaro, v. Ferguson (1990), 49 Ohio St. 3d 37, 550 N.E. 2d 467.

In this case, the public benefit is manifest. Relator, a commercial television station,…