In the case Zamlen-Spotts v. Cleveland State Univ., 2021-Ohio-3128, the Court adopted the recommendation of the special master to deny a request for public records when such records fall within the definition of intellectual property.
Here, the requester made a public records request to Cleveland State University (“CSU”) which sought copies of responses to surveys which CSU sent to members of the community. CSU denied the request, arguing that such records constituted intellectual property and that they were exempt from disclosure. In the report and recommendation (“Report”), the special master recommended that the court deny the requester’s claim for disclosure of the requested records. The Court agreed.
The Court reasoned that since neither party filed timely written objections to the report and there was no error of law or other defect in the report, the Court adopted the report and ruled in favor of CSU.
To read this case, click here. To read the special master’s report and recommendation, 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.