Execution drug secrecy bill has unintended consequences, opponents testify

From The Columbus Dispatch A law hiding the source of drugs used in Ohio executions could trigger wide-ranging unintended consequences, including disruptions in health care and violations of federal interstate-commerce law, opponents charged yesterday.

Few critics expressed opposition to capital punishment, which is legal in Ohio and resumed in 1999.

Instead, Public Defender Tim Young warned that House Bill 663 “is likely to cause long-term, far-reaching consequences.”

The bill “sacrifices so much of what we all know about good government: openness, transparency, accountability, oversight and limits on governmental intrusion into contracts, private businesses and the medical profession,” Young testified at a hearing of the Senate Criminal Justice Committee.

In other states where similar laws shielding the source of lethal drugs were enacted, extensive litigation resulted.

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Ohiocheckbook.com should be a great tool for editors and reporters

By Dennis Hetzel, OCOG President This week State Treasurer Josh Mandel launched his OhioCheckbook.com website.  I was given a test drive on Tuesday, and it’s an impressive tool that could generate interesting stories and save time for any reporter writing about state spending.

You can quickly drill into the detail, including payments to individual vendors and contact information for the departmental official responsible for the expenditure.  You also can export data directly into Excel, so you aren’t limited to PDF formats.  (For example, in about two minutes, I found out the state of Ohio has spent about $242,000 so far in 2014 at Hilton hotels, and I exported detail of every expenditure.)

The database does not include local government spending, which would be quite an undertaking to add.  Mandel’s website continues to offer a searchable database of state employee and public school district salaries. Salaries paid by charter schools aren’t available either. We’d obviously like to see those items added in the future. Still,  this probably places Ohio in the forefront of ready access to spending information.

I should add that ONA has supported House Bill 175, which would mandate by statute that the state treasurer offer such a database.  If it becomes law, this means future treasurers couldn’t discontinue doing this without a statutory change. The bill is pending in the Ohio Senate. ONA has not taken a position on disputes that still may be lingering over what state agency or office is the best place to house this database.

Here is a link to the Dayton Daily News story on the new website.  You’ll learn that, yes, the taxpayers spent money at Victoria’s Secret – but it’s not what you think.  Also be sure to check out Mandel’s news release.

Ohio Innocence Project sues Columbus police for murder case records

From The Columbus Dispatch The Ohio Innocence Project contends it is illegal, and undermines accountability, for Columbus police to refuse to release records on closed murder cases until the killers die behind bars or are freed from prison.

An attorney with the group, based at the University of Cincinnati College Of Law, sued Police Chief Kim Jacobs in the Ohio Supreme Court on Friday over her division’s refusal to release investigative records in a murder case.

Columbus police have refused to release case files in murder cases since 2010, interpreting an appellate-court ruling as forbidding the release of records as long as defendants still have potential appeals.

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Plain Dealer editorial: Ohio death penalty secrecy bill should disappear

Editorial from The Plain Dealer The Ohio House of Representatives has shown that the appearance of being tough on crime is more important than being transparent about the way the state puts someone to death.

Faced with an execution protocol fraught with problems, the House recently voted 62-27 to allow the state to keep secret the name of lethal-injection drug providers so that they won't be reluctant to participate.

House Bill 663, introduced by Republican legislators Jim Buchy of Greenville and Matt Huffman of Lima, would also prevent doctors assisting in the administration of the death penalty from having their state medical licenses revoked.

Using surreptitious means to carry out the death penalty is unacceptable. The Senate should refuse to take up House Bill 663, but if it does and the Senate approves it, Gov. Kasich should veto it.

Ohio Attorney General Mike DeWine claims that, without the protections, the state would be unable to carry out executions. This editorial board has long opposed the death penalty. But on practical grounds, if DeWine's statement is true, Ohio should get out of the execution business. What this bill proposes is wrong.

Not only would the bill shelter drug-supplying pharmacies from identification, it also would void contracts that dictate the drugs sold cannot be used in executions. The availability of lethal-injection drugs became an issue after their manufacturers balked at their use to carry out the death penalty.

The bill also interferes with the medical community's longstanding pact about preserving life.

The Ohio State Medical Association does not take a position on capital punishment, but a letter to the House Policy & Legislative Oversight Committee from OSMA president Mary J. Wall expresses concern about any law that indemnifies doctors for assisting with the death penalty.

Licensed Ohio doctors must abide by the American Medical Association's Code of Medical Ethics or the American Osteopathic Association Policy Compendium, which forbid their members from participating in legal executions.

"These codes articulate the enduring values of medicine as a profession and are a statement of the values to which physicians commit themselves individually and collectively," Wall's statement reads.

As this editorial board has said before, the death penalty is not a satisfactory deterrent to crime and can be abused by prosecutors who use it as tool for garnering guilty pleas.

This bill is the wrong answer to the wrong question.

Shielding identities of execution-drug makers could subject Ohio to lawsuits

From The Plain Dealer The experience of other states suggest that Ohio would subject itself to lawsuits by keeping secret the makers of drugs used for executions.

Leaks of the information also could undercut the attempts at secrecy, according to a Northeast Ohio Media Group examination of four states that already have laws shielding the identify of execution-drug makers.

Ohio lawmakers were warned of the potential problems in testimony last week, but went ahead and passed House Bill 663, allowing compounding pharmacies to remain anonymous for 20 years. The bill's co-sponsor said the small-scale drug companies are reluctant to make the lethal-injection drugs unless their participation could be kept secret.

Attorney General Mike DeWine and other proponents of the reforms in HB 663 say they are needed if Ohio is to resume executions next February, once a court-ordered moratorium ends.

But legal challenges are pending against similar secrecy rules already on the books elsewhere, including Arizona, Missouri, Pennsylvania, and Texas. The lawsuits have been filed by media outlets claiming the public has a right to know how the states kill people and by death-row inmates asserting they need the information to determine whether they can challenge their execution on the basis of cruel and unusual punishment.

Mike Brickner of the American Civil Liberties Union of Ohio predicted HB 663, if passed, would be challenged in court. He said the ACLU would consider filing such a lawsuit should the bill become law.

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Democrats’ lawsuit ends as Mandel gives up records

From The Columbus Dispatch After more than three months and an Ohio Supreme Court filing, state Treasurer Josh Mandel turned over public records requested by the Ohio Democratic Party — on Election Day.

The Ohio Supreme Court yesterday granted the Democrats’ motion to dismiss their lawsuit seeking records from Republican Mandel after his office delivered the documents following sessions with a court-appointed mediator.

The Democrats sued Mandel on Sept. 3 after the treasurer’s office failed to turn over records initially requested on July 18.

The records, largely associated with Mandel’s hiring of two companies to conduct telephone “town halls” with Ohioans at a cost of nearly $130,000, consist of routine contracts, bills, purchase orders, agreements and other paperwork.

Democrats had accused Mandel, who won re-election on Nov. 4 over state Rep. Connie Pillich, D-Cincinnati, of using tax funds to promote himself in an election year. Mandel denied the charges.

Mandel’s office also turned over two emails, which had emerged previously, between the fundraiser for his unsuccessful U.S. Senate campaign, Scott Guthrie, and Eric Synenberg, a Mandel staff member, concerning Benjamin Suarez.

Suarez, a North Canton, Ohio, businessman, was accused of illegally channeling $100,000 each to the federal campaigns of Mandel and Rep. Jim Renacci, R-Wadsworth, in the 2012 election.

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ASNE joins amicus brief in favor of immediate access to civil complaints

From the American Society of News Editors ASNE joined an amicus brief drafted by the Reporters Committee for Freedom of the Press, which argues in favor of immediate access to civil court documents.

In this particular case, Courthouse News Service v. Planet, the brief highlights the importance of immediate access to civil complaints in the face of a decision by a federal District Court in California that there is no First Amendment right of access to these documents and, hence, there is no right to access civil complaints until the first court hearing in the case.

Our brief, filed with the United States Court of Appeal for the Ninth Circuit, argues that such a First Amendment right, or at least a common law right, exists and is necessary to ensure the public is informed about and can oversee and even participate in the case from the start.

Ohio House passes legislation that would require greater online access to a variety of public records

From The Daily Record The Ohio House has passed legislation that would require greater online access to a variety of public records, with increased efforts to implement uniform standards for how those records are made available.

HB 324, titled the Public Records Act, passed Thursday on an unanimous vote of 92-0 and heads to the Ohio Senate for further consideration.

The bill would require the state auditor to establish and administer a new website for public records, providing access to an array of documents and data from different state agencies.

Offices that post records online would have to make efforts to ensure the documents or data are searchable and downloadable, in electronic formats that can be used by the general public.

HB 324 also would create a new DataOhio Board to make recommendations annually about online public records access.

Additionally, the legislation would establish a "local government information exchange grant program" to provide up to $10,000 to local governments for their online data efforts.

"Not only will we provide greater, clearer access to data for good governance and taxpayer accountability, but we believe this comprehensive set of data initiatives will spur job growth and business attainment in our state," said Rep. Christina Hagan (R-Alliance), a primary sponsor of the bill.

While all lawmakers voted in favor the bill, Democrats did attempt one amendment to add language opening JobsOhio's books to public perusal.

"We have a responsibility to keep track of how the public dollars are being spent and what our return on investment is," said Rep. Matt Lundy (D-Elyria).

The amendment failed on a vote of 53-37.

SPJ President Dana Neuts urges Ohio lawmakers to vote no on bill exempting executions from public records

From The Society of Professional Journalists The Society of Professional Journalists urges Ohio lawmakers to vote “no” to House Bill 663, the so-called Secret Executions Bill. SPJ joins its Region 4 leaders and the Ohio Newspaper Association in denouncing the bill.

While HB 663’s primary aim is to protect medical professionals who carry out executions and drug makers who make the drugs used in executions, it would also make all information and records related to an execution or death sentence confidential. The legislation, if passed, would make the already difficult job of covering capital punishment more difficult for reporters, which ignores Ohio sunshine laws and compromises transparency.

More specifically, the bill would make information about lethal injection formulations secret, just as Ohio grapples with critical decisions about how to carry out executions while avoiding cruel and unusual treatment of condemned inmates. When it comes to carrying out a death sentence, more transparency and more reporting should be required, not less.

The Ohio House Policy and Legislative Oversight Committee is conducting its second hearing on the bill today and Wednesday, with a possible vote at 3:30 p.m. ET Wednesday at the Columbus Statehouse, Room 115. The bill, introduced Nov. 10, would become law March 20, 2015 if passed.

SPJ urges Ohio journalists and others concerned with open government and sunshine laws to tell lawmakers to vote “no” on this bill. Representatives from the Ohio Newspaper Association and SPJ will be at this week’s hearings about the bill to testify against it.

To support transparency, we encourage opponents of the bill to:

• Contact bill sponsors Rep. Jim Buchy, R-Greenville, at 614-466-6344 and Rep. Matt Huffman, R-Lima, at 614-466-9624. • Sign a petition against the bill, drafted by Ohioans to Stop the Death Penalty at www.otse.org. • Contact other members of the House Policy and Legislative Oversight Committee, listed here. • Show up at the Statehouse hearings this week.

Founded in 1909 as Sigma Delta Chi, SPJ promotes the free flow of information vital to a well-informed citizenry; works to inspire and educate the next generation of journalists; and protects First Amendment guarantees of freedom of speech and press. For more information about SPJ, please visit spj.org.

South Euclid has paid more than $25K in legal fees for ongoing records dispute

From The Plain Dealer South Euclid has paid its lawyers more than $25,000 since 2011 to defend the city against a taxpayer's public records lawsuits.

Law Director Michael Lograsso has earned about $8,300 directly from the disputes, and the city has paid the firm Nicola, Gudbranson & Cooper another $17,000, according to Finance Director James Smith. Some of the cost will be covered by insurance.

South Euclid property owner Emilie DiFranco has sued the city three times for failing to deliver public records she requested. DiFranco also filed a request for sanctions against council Clerk Keith Benjamin and Lograsso earlier this year.

Lograsso said a portion of the legal fees were incurred because DiFranco keeps appealing the courts' rulings.

Lograsso works for his own firm and part-time for the city. South Euclid pays him a $59,000 salary, plus $137.50 an hour for certain services.

The city pays outside firms $150 hourly. The law department spent about $775,000 from the general fund in 2012-13, and expects to spend $400,000 this year.

In February, the Ohio Supreme Court ruled in DiFranco's favor in two cases stemming from a 2011 records request. The city had to pay DiFranco up to $1,000 after she waited months for the documents, but it was not responsible for her attorney fees, the court ruled.

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Judge in Ford case holds court in office, bans public despite objections

From The Akron Beacon Journal While her husband lay lifeless in their bed, Margaret Schobert was lured to her New Franklin home where Shawn Eric Ford Jr. was waiting with a sledgehammer. Like her husband, Jeffrey, Mrs. Schobert was bludgeoned to death by Ford, the Akron man who had been dating their teenage daughter.

For Margaret Schobert’s death, an outwardly emotional Summit County jury decided Ford should be executed. Common Pleas Judge Tom Parker has the final say on Ford’s sentencing. No hearing date was set (Oct. 31) when the jury released its verdict after about six hours of deliberation over two days.

... Parker and the trial attorneys met early Friday in private — despite objections by the Beacon Journal — apparently to discuss the psychiatric report. Parker gave no reason for the closed-door hearing when he ushered Ford, prosecutors, defense attorneys, deputies and a stenographer from the courtroom and into his chambers.

At the time, a Beacon Journal reporter was the only member of the public seated in the gallery.

When the reporter told the judge that the newspaper was objecting to the closed-door hearing, Parker said “OK,” and the door closed.

About 15 minutes later, Parker and the others returned to the courtroom and again went on the record. During the brief session, Parker ruled that a presentencing report and the psychiatrist’s report on Ford’s mental health would not be shown to jurors.

The Beacon Journal has requested a transcript of the closed-door hearing, which is the second decision by Parker that the newspaper has questioned this week.

On Wednesday, courthouse workers — based on orders from Parker — placed a black plastic trash bag over a Beacon Journal vending box stationed outside the courthouse. Newspapers in the courthouse cafeteria were also removed.

Parker made the demand when the newspaper published an interview with Lloyd, the juror who was removed during deliberations.

After the newspaper complained, Parker had the bag lifted and a placard was put in the vending box window. The placard was later removed. The juror’s story was not visible in the window box.

Past reversal guides Ohio court’s latest denial of fines against village that destroyed old records

From Court News Ohio The Fifth District Court of Appeals has upheld a decision to deny a man trying to use the public records law for financial benefit. In a twist of fate, the court relied on a 2011 Supreme Court of Ohio decision overturning one of its own rulings in a similar case.

The Fifth District last week affirmed a ruling of the Tuscarawas Common Pleas Court granting summary judgment to the Village of Dennison, which claimed the motive for James Verhovec’s public records request was to ultimately gain up to $10,000 in fines that could be imposed on the village.

In September 2010, James Vehovec filed a written public records request asking for 20 years of all council meeting minutes, handwritten draft minutes, and audio/video recordings of council proceedings dating back to January 1990. The village provided all typewritten minutes, the handwritten notes in existence, and indicated all audiovisual recordings were non-existent. Vehovec then filed suit seeking damages, court costs, and attorneys fees for failing to provide the old handwritten records.

In October 2013, the common pleas court found for the village indicating the Verhovec was not “aggrieved” by the inability to provide the handwritten draft minutes and was not entitled to damages.

Writing for the Fifth District, Judge Sheila G. Farmer noted the verdict centers on the interpretation of R.C. 149.351 that allows the collection of a civil forfeiture against a government body of $1,000 per violation up to a maximum of $10,000 if a person is “aggrieved by the removal, destruction, mutilation, or transfer” of a public record without following a state prescribed process.

Judge Farmer cited the Supreme Court’s Rhodes v. New Philadelphia ruling that determined who can sue for damages when records are destroyed. In that case, Timothy Rhodes of Chillicothe filed numerous public records requests against several cities seeking 20 years of antiquated reel-to-reel “Dicataphone-Dictatape Logger” police dispatch recordings. Rhodes found New Philadelphia did not follow the process for erasing the old tapes and Rhodes sought damages for the destruction. In that case, the Tuscarawas Common Pleas Court ruled against Rhodes, but the Fifth District overturned the decision determining that Rhodes fit the description because “an aggrieved party is any member of the public who makes a lawful public records request and is denied those records.”

Using the Rhodes decision, the Fifth District ruled the damage award is only available to a person who had a public records request with the goal of accessing the public records, and that if the goal was to seek forfeiture, the requestor is not aggrieved.

In this case, the court labeled James Verhovec “a shill” for his uncle Ed Verhovec, who himself had filed similar public records requests in other jurisdictions. The court determined James Verhovec did not write the records request, but only signed his name to it, that he was not a resident of Dennison, and had no economic connection to Dennison.

“The trial court saw the ‘forest for the trees’ and grasped that (Verhovec’s) records request was not a legitimate request, but merely part of a scheme to find destroyed public records that could result in pecuniary gain,” Judge Farmer wrote.

The court also drew the connection between the Verhovecs and Rhodes. Both Ed Verhovec and Timothy Rhodes signed contracts with Cleveland Attorney Paul Cushion to file the records requests and Cushion would pay them between $1,000 and $4,000 for making the requests.

Judges William B. Hoffman and Patricia A. Delaney concurred in the decision.

Bill would hide name of Ohio’s execution drugmaker

From The Columbus Dispatch High-stakes legislation aimed at preventing public disclosure of the source of drugs used in Ohio executions ran into opposition minutes after it was formally unveiled yesterday.

House Bill 663 would protect the identity of individuals and entities that manufacture, compound or supply drugs used for lethal injections. It also would provide anonymity for any physician who participates in the process, as well as members of the prison execution team.

Introduced on Monday by Republican Reps. Jim Buchy of Greenville and Matt Huffman of Lima, the bill was promptly assigned to a House committee and had its first hearing yesterday.

The sponsors said executions in Ohio will be unable to proceed next year unless the General Assembly passes the bill before the end of the current session, on Dec. 31.

“Ohio and most other states have exhausted their options” in obtaining execution drugs from manufacturers, most of them in Europe, Buchy told the House Policy and Legislative Oversight Committee.

He said the bill would require that information about drugs used in executions be “confidential, privileged and not subject to subpoena, discovery and public-records law.”

That would provide anonymity for small “compounding pharmacies” that make drug combinations specifically for customer requests. Some of the pharmacies are in Franklin County.

Rep. Mike Curtin, D-Marble Cliff, a member of the committee, questioned the consequences of making secret the state’s power of “life and death,” a process he said has been public since Ohio conducted executions by hanging.

“Why should we be rushing in lame-duck session to pull the shroud of secrecy over this issue?” Curtin said.

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Public records would turn secret under executions bill

By Randy Ludlow, The Columbus Dispatch Public policy in Ohio historically has insisted that transparency surround the state’s ultimate exercise of its authority.

Reporters are asked to stand witness in Lucasville as the condemned are executed with a flow of lethal chemicals introduced into their bloodstreams.

Defense lawyers, and the courts, are permitted to inquire about the means of death and how it is acquired and administered. The public has access to records concerning the execution process.

Under House Bill 663 introduced yesterday, a blanket of secrecy would be tossed over how Ohio kills its killers.

Prison officials and Attorney General Mike DeWine insist passage of the bill is necessary to revive capital punishment in Ohio amid a court-ordered lull after a botched execution.

The bill states that in order to protect people and companies “from harassment and potential physical harm, it is necessary to keep their identities anonymous and absolutely confidential.”

The bill would proclaim that the identities of execution team members and physicians and compounding pharmacies that prepare the lethal doses of drugs are exempt from release under public records laws. No compounding pharmacies will sell the drugs if they can be identified, state officials say.

The legislation further states that not even defense lawyers and judges could obtain the information – not even with a subpoena.

Pushback against the bill likely will include the Ohio Newspaper Association, said Dennis Hetzel, executive director of the group.

“This bill represents a sweeping expansion of the secrecy surrounding state-sanctioned executions. Do we honestly believe the government can do no wrong and never should be scrutinized in the act of executing people? Recent history in Ohio bluntly teaches us otherwise.  Even the court system is blocked from access to information in this language, not just journalists, citizens, families and others,” he said.

“If this is truly a problem, let’s document the need with real evidence and attack it thoughtfully with more respect for the importance of transparency. Executions involve the government’s role in taking away the most fundamental right of all -- the right to life. Maximum transparency in that process should be treated like a goal, not a hassle to be legislated away,” Hetzel said.

Weeks after releasing plans for Mayfield Road, Mayfield Heights fumbles to explain why meetings were held privately

From The Plain Dealer For five months, Mayfield Heights has been privately planning a new 15-acre shopping complex on Mayfield Road, shocking and upsetting business owners and residents who found out about the plans through the media. Now, some good government experts say the secret sessions could violate the Sunshine Laws, and the city is struggling to explain why they were kept under wraps.

Architecture firm URS Corp. and developer the Coral Co. met with Mayor Anthony DiCicco, Council President Gayle Teresi, council members Joe Mercurio, Don Manno, Bob DeJohn and Susan Sabetta; and several other city officials and residents including the service, building, finance and recreation directors to plan the redevelopment.

The majority of council members attended three of the four meetings, and at least two of them were "seated in the audience," the minutes note. The only members who did not attend were Paul Sciria and Nino Monaco.

DeJohn said he did not know the meetings were private.

"That was the mayor's call," he said.

Law Director Paul Murphy explained: "I'm their lawyer and it wasn't a public meeting, because it was not a meeting of council."

Dennis Hetzel, executive director of the Ohio Newspaper Association, called the lack of public information "very problematic."

Even if council members were not there, Hetzel said, the strategic planning committee itself could be subject to open meetings laws, because the law defines a public body as "any board, commission, committee, council or similar decision-making body of a state agency, institution or authority."

"If they are keeping minutes, that is circumstantial evidence they agreed it's a public body. It's not at Bob Evans shooting the breeze," he said. "You have all the council members being invited to this meeting, so that makes it even clearer."

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Clinton County Port Authority turns down projects after questionable executive session

From The Wilmington News Journal The Clinton County Port Authority turned down $34 million worth of projects in March without voting or meeting the prospective investor. And everyone involved has a different explanation why

The incident raises questions about apparent decision making in private, executive sessions rather than public meetings

Kevin Carver, the executive director of the port, said the port turned down the proposal because developer Mark Herres wanted the land for free and the board members doubted his ability to make good on his promises.

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Benjamin J. Marrison commentary: Government secrecy keeps public in the dark

From The Columbus Dispatch Are you a fan of government secrecy?

What if the secrecy involves the taking of a life? What about someone threatening to explode a bomb at your local high school?

These issues are bubbling in central Ohio.

After the state botched its last execution, lawmakers are rushing to pass legislation that would limit information available to the public about executions. If you recall, convicted killer Dennis McGuire gasped and choked for about 20 minutes before succumbing during his Jan. 17 execution.

I’ve heard from folks who have no sympathy for McGuire because he showed none for his victim, a pregnant woman he raped and murdered in 1989.

State officials have said the problems with McGuire’s execution stem from difficulties obtaining the necessary drugs. Some companies that don’t want to be associated with executions have refused to make their drugs available for that purpose. They don’t want to be harassed by protesters.

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Mayfield Heights City Council met secretly to plan Mayfield Road redevelopment, refuses to release documents

From The Plain Dealer Mayfield Heights City Council met secretly for months to discuss redeveloping Mayfield Road. Days before council was set to vote on Phase 2 of the plan, the city refused to release documents detailing its strategy.

According to councilman Donald Manno, the engineering firm URS Corp. and developer Coral Co. led four sessions with a host of public officials, including Mayor Anthony DiCicco, the city's human resources director, finance director, service director, parks and recreation director, Council President Gayle Teresi and council members Joe Mercurio, Susan Sabetta, Bob DeJohn and Nino Monaco.

Ohio open meetings laws require any board, commission, council or other public decision-making body to notify the public and open the meeting whenever there is a prearranged gathering of the majority of its members to discuss public business.  Officials also must take attendance and record minutes.

The meetings were closed, and the city never distributed public notices.

Manno said he didn't know why the sessions were private. Law Director Paul Murphy said they didn't have to be open, because they were not meetings of council.

"It was just an informal meeting with the mayor. It wasn't a public meeting," Murphy said. "If they happen to come to a meeting, and there happen to be four of them here, it is not a public meeting of council."

But Catherine Turcer, policy analyst for Common Cause Ohio, said any time the majority of the members of a public body meet and deliberate, they must abide by Sunshine Laws.

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Media groups make last push for FOI improvement law

From ASNE

ASNE is one of the 50 organizations that signed a letter to President Obama that asks for greater freedom of information and open government.

As ASNE and others hope for one last push at passing the FOIA Improvement Act of 2014 (S 2520), we also have joined a letter sent to President Barack Obama that identifies six key components integral to upholding the commitment he made on his first full day in office to be the most transparent administration in history. The letter, signed by 50 organizations dedicated to open government, asks for:

• Codification of the "presumption of openness" underlying FOIA
• Codification of the "foreseeable harm" standard contained in a 2009 Attorney General's memorandum, which says that information should be given out even when it could be withheld pursuant to a FOIA exemption, unless foreseeable harm would result from its disclosure
• Creation of a public interest balancing test to allow greater disclosure of documents currently being withheld under Exemption 5
• Creation of a sunset to allow for presumptive release of documents currently being withheld under Exemption 5
• Strengthening the penalties for failure to meet the statutorily mandated 20-day deadline for responding to a FOIA request
• Strengthening the Office of Government Information Services

Those who have been paying close attention to our prior updates on S 2520 will note that these are all addressed in that legislation. We hope that the White House will show a strong commitment to these issues, spurring the Senate (and, soon after, the House of Representatives) to pass this bill.

Court: State has no jurisdiction over tweets

From The Cincinnati Enquirer The Ohio Elections Commission can't crack down on Tweets -- even if those 140-character messages include false political information, a Cincinnati federal judge ruled on Monday.

The decision by Judge Michael Barrett, who sits on the U.S. District Court for the Southern District of Ohio, bars the Ohio Elections Commission from enforcing the state's false claims statute. That law bans political lies in campaigns, and it's been the subject of multiple legal battles in recent years.

At the center of this fight: a series of 140-character messages posted on Twitter in 2011 by a Cincinnati anti-tax group, COAST, which urged support for a charter amendment that would have blocked the streetcar project. COAST said the streetcar was diverting money from the city's fire department, causing services to be reduced.

One COAST tweet, for example, said: "12.5% of the fire dept. browned out again today to pay for streetcar boondoggle that 62% think is a waste. @CFDHistory YES ON 48 No streetcar."

A pro-streetcar group, Cincinnatians for Progress, filed a complaint against COAST in November 2011, arguing that 20 tweets posted by the group violated Ohio's law banning false statements in political campaigns. The Ohio Elections Commission dismissed the complaint, finding no probable cause that COAST had violated the ban.

But COAST used the case to go to federal district court and challenge the Ohio law—saying it infringed on the group's free-speech rights.

On Friday, COAST won an initial victory with Barrett's decision, a temporary injunction barring enforcement of the ban on political lies.

Christopher Finney, a founder of COAST, said the decision is important because it shows how the "meddling" the law is, allowing the Ohio Elections Committee to "bother themselves with speech as irrelevant as a Tweet. That's how involved in our lives they were."

This decision says "stay out of our political speech entirely," Finney added.

It's the second setback for the false-claims law.

In September, another federal judge struck down the Ohio law after an anti-abortion group, the Susan B. Anthony List, challenged its constitutionality. That case related to billboards the SBA List wanted to put up criticizing then-Rep. Steven Driehaus in his 2010 re-election. In that case, Judge Timothy Black said voters—not the government—should decide whether a campaign is telling the truth.

The Ohio Attorney General's office has appealed that decision.