Is Outbound Call Made by 911 Operator Public Record?

State of Ohio ex rel. The Cincinnati Enquirer v. Hon. Michael J. Sage et al., Case no. 2013-0945

Twelfth District Court of Appeals (Butler County)

ISSUES:

From Michael Gmoser, Butler County prosecuting attorney, and Butler County Common Pleas Judge Michael J. Sage on appeal:

When a 911 dispatcher makes an outbound call to a residence following up on an inbound call that was disconnected, is the outbound call subject to disclosure under the Ohio Public Records Act?

Did a protective order issued by a court prohibiting the release of the outbound call to the media meet the requirements of U.S. Supreme Court and Ohio Supreme Court precedent?

Is the Ohio Supreme Court's ruling (in State ex rel. Cincinnati Enquirer v. Hamilton Cty.) that 911 calls are inherently public records outdated and in need of reversal or modification?

Were statutory damages properly awarded to the media outlet?

From the Cincinnati Enquirer on cross-appeal:

Did the trial judge improperly rule on the prosecuting attorney's motion for a protective order?

Was the newspaper entitled to attorney's fees?