State ex rel. Ames v. Big Walnut Local School Dist. Bd. of Edn.

Summary

The Supreme Court of Ohio denied Brian M. Ames’s request for a writ of mandamus requiring the Big Walnut Local School District Board of Education to produce the original video recording of an April 15, 2024 meeting. The court held that Ames had abandoned his original production request, was not entitled to an additional good-faith response, and could not recover statutory damages, attorney’s fees, or court costs. Separate opinions concurred in judgment only and disagreed principally over whether the board’s initial response supported statutory damages.

Holdings

1. Ames abandoned his original request for a writ ordering production of the video by conceding that the record did not exist and failing to argue entitlement to production in his merit brief; the court therefore did not address that request.
2. Ames was not entitled to a writ ordering the school board to provide an additional good-faith response because he requested only production of the record in his complaint and did not amend the complaint to seek the different relief.
3. Ames was not entitled to statutory damages because the requested video no longer existed and he therefore did not show that the school board failed to provide a copy of it within a reasonable period of time.
4. Ames was not entitled to attorney's fees because he represented himself and therefore did not incur attorney's fees.
5. Ames was not entitled to court costs because the court did not order production of the requested record.

Questions Presented

1. Whether Ames was entitled to a writ of mandamus compelling production of the requested video when he conceded that the video no longer existed.
2. Whether Ames could obtain a writ compelling the school board to provide an additional good-faith response that the requested record did not exist when that relief was not requested in his complaint.
3. Whether the school board's failure to identify nonexistence of the record as the initial reason for denial entitled Ames to statutory damages.
4. Whether Ames was entitled to attorney's fees or court costs.

Disposition

writ_denied