Heck, I'm just a little gadfly who loves to ask impertinent questions. Wonder if I'll get any response. Here's my email to the editor.
stay safe.
skidmark
******
I have a few questions for you. Your response will be eagerly anticipated, and much appreciated. Thanks in advance.
[skidmark]
Richmond, Virginia
There has been an assault on open government in the General Assembly that threatens to create two classes of citizens -- those with access to information and those who do not have access.
That's what public records experts contend, and they say it goes to the heart of what makes for good government.
"It's the proverbial slippery slope," said Frank Deaner, director of the Ohio Newspaper Association and a lobbyist in the General Assembly. "It puts one class in a position to tell the other whether it can have access to information."
Deaner said politics is fueling numerous efforts to enact legislation that exempts information from public disclosure, including the state's concealed weapons law.
The weapons law prohibits members of the public from getting information about who has been granted licenses by the state to carry concealed handguns.
I understand that this provision was in in the draft legislation. What action did your paper take at the time the issue was before the Ohio legislature for a decision? Copies of, or references to, editorials would be appreciated.
Other recent exemptions that have been pressed by state lawmakers include limiting access to coroner's reports and preliminary records, in addition to other documents and information about foster families.
Please explain what information you want made public about coroner's reports and foster families.
I understand that these provisions were in in the draft legislation. What action did your paper take at the time the issue was before the Ohio legislature for decisions? Copies of, or references to, editorials would be appreciated.
"It's been a continual erosion in the definition of public records during the last three sessions of the General Assembly," Deaner said. "Post-911 security worries and public fear regarding ID theft are being used as excuses to exempt information."
Tim Smith, an attorney who is a public records expert and a journalism professor at Kent State University, shares Deaner's concerns. He said without public disclosure there's no way to assure programs are being properly administered.
"You can't automatically rely on government officials to carefully follow the requirements of the law," said Smith, referring to the concealed weapons law.
Are there specific aspects of the concealed weapons law that your paper has information suggesting officials are not carefully following? If so, please cite those aspects of the law your paper believes officials are not following. Please provide information about your paper's past efforts to address those concerns, and the responses to your efforts.
The CCW law exempts the disclosure of all information about the application process and criminal backgrounds of anyone who applies for license to carry a concealed handgun. It also exempts the names of those who have been granted a permit.
If the law exempts the names of those who have been granted a permit, how did you obtain the names? Without knowing that, a reader would most likely conclude the paper violated the law in order to obtain the names.
"If the records are private, I have to rely on the sheriff to make sure he's not making any mistakes," Smith said.
Please state the paper's stance on how the Sheriff runs the rest of his department's operations, and cite any reporting or editorials regarding such.
Deaner is concerned the trend to restrict access to public documents will continue and said open government is the basis for democracy.
"Where's the point when political leaders and the public come back to the realization that we live in a democracy?" he asked. "There's a little bit of pain that goes with that."
Supporters of the secrecy provision in the concealed handguns law contend making the information available will enable criminals to target them to steal their guns.
"]Gov. Ted Strickland's office told the Register Ohioans are better off not knowing who is licensed to carry handguns for that reason and also because criminals would then know who is not armed and those individuals could be targeted.
Are the issues in the preceeding two paragraphs part of the legislative discussion prior to enactment of the law that provides "secrecy"? ("Secrecy" was placed in quotes as your paper appears to have obtained the names in spite of the legal provision to prohibit disclosure of those names.) If the response to this question is YES, please cite your paper's editorials and reporting prior to enactment of this legialation.
But Deaner said access to information is a bedrock of good government.
"It's not public information that causes harm to people, it's people who choose to do harm against others," he said. "If someone is motivated to do something like that, they're going to find a way to do it without the benefit of public records."
Could this statement also be applied to your paper's obtaining the names of concealed weapons permit holders in spite of the apparent legal protection from disclosure of those names?
Staff reporter Chauncey Alcorn contributed to this story.
EDITOR'S NOTE: The decision to make the lists available to readers was made by the Register's managing editor.
A final question: Were you aware of the response, both locally and nationally, to The Roanoke [Virginia] Times' publication of the names of Virginia Concealed Handgun Permit holders before you decided to publish a listing of local concealed weapon permit holders' names?