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Video Surveillance Footage Found to be a Public Record Which Must be Produced

In the case State ex rel. Esrati v. Dayton Metro Library, 2021-Ohio-3753, the Second District Court of Appeals held that the trial court did not err in granting a library patron’s petition for mandamus seeking to compel the library to release video footage of the patron being ejected from the library premises.

Here, the library patron argued that the video surveillance footage of the patron being ejected was a public record subject to disclosure. The library argued that the video was not subject to release because the video footage was exempt from disclosure under R.C. 149.432.

The Court of Appeals reasoned that the video did not fall within the library records exception under R.C. 149.432. However, the Court of Appeals held that the trial court did not err in finding that the patron was not entitled to sanctions for the library’s failure to provide a time-coded overlay copy of the video because the library made a good-faith attempt to comply with the trial court’s order to produce the video.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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