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Public Records Requesters Must Provide Proof Documents are Records

In the case of Burkons v. Beachwood, 2023-Ohio-1173, a special master recommended that (1) all of the requests for public records under R.C. 149.43 were either moot, as the city had provided documents under seal, or failed, as the requester did not provide any evidence that the requests were for records as defined by R.C. […]

Duty to Protect Children from Sexual Assault May Exist

In the case of Fonderlin v. Trumbull Family Fitness, 2023-Ohio-767, an appellate court found that a mother sufficiently alleged facts to allow a jury to decide if a family fitness center owed a duty to the mother’s minor son to protect the son from being sexually assaulted by two other children. In this case, the […]

2023 Sunshine Laws Manual Released

The Ohio Attorney General has released the 2023 Sunshine Laws Manual, also known as the “Yellow Book,” which serves as a guide on the rights and responsibilities of public officials and citizens under Ohio’s Sunshine Laws — i.e., the Public Records and Open Meetings Acts. The Sunshine Laws give Ohio citizens a right to access […]

The “Open and Obvious Doctrine” Applies to Administrative Code Violations

In the case of Dintino v. Hanger Prosthetics & Orthotics E., Inc., 2023-Ohio-797, an appellate court held that the open and obvious doctrine precludes the instant statutory violation/negligence per se claims even when a patient tripped over an orthotic and prosthetic care clinic threshold, which violated commercial building administrative codes, as any defect was open […]

McGown & Markling Celebrates Sunshine Week: March 12-18, 2023

McGown & Markling represents political subdivisions and public officials throughout the State of Ohio and, frankly, we have been blessed to have clients who are dedicated to fully complying with the Ohio Sunshine Laws: The Ohio Public Records Act and The Ohio Open Meetings Act. Open and transparent government is the cornerstone of our democracy […]