City of Fort Thomas v. Cincinnati Enquirer
Kentucky Supreme Court
406 S.W.3d 842 (2013)
After a jury convicted Cheryl McCafferty of manslaughter in her husband's death, the Cincinnati Enquirer (plaintiff) requested the full police file under Kentucky's Open Records Act (ORA). The City of Fort Thomas (defendant) denied the request, arguing a blanket exemption applied because McCafferty could still appeal, making the law-enforcement action prospective. The trial court agreed a blanket exemption existed but denied the Enquirer's request for fees; the Court of Appeals reversed the blanket-exemption finding and suggested the City should pay the Enquirer's fees.
Whether the Kentucky Open Records Act supports a blanket refusal to produce records relating to a prospective law-enforcement action without a showing that disclosure would harm the agency.