ACLU of Ohio Sends Letter to Village of Brewster for Misinterpreting Recent Amendments to Ohio’s Public Records Laws

Columbus, OH – The ACLU of Ohio sent a letter to the Village of Brewster for incorrectly calculating the cost for the public to access body-worn camera footage from law enforcement. Wavely News Media sought production of all records pertaining to an incident with local police that occurred on May 10 and were overcharged based on the Village’s misinterpretation of Ohio’s Public Records Act and the recently enacted House Bill 315.

House Bill 315, signed into law on January 2, 2025, allows governments to charge the public for the ‘estimated cost’ of processing video footage from police – at a rate of up to $75/hour, with a fee cap of $750/request. It is up to the Village to determine exactly how to calculate the costs associated with producing video footage, but the estimate should in no way reflect more hours than that of the video footage, with the actual cost amounting to potentially less depending on the number of hours of video produced.

The ACLU of Ohio was a vocal opponent of House Bill 315 and urged Governor DeWine to veto this provision that sets up a paywall, deterring the public from pursuing important information.

Statement from ACLU of Ohio Senior Staff Attorney Amy Gilbert:

“The Village’s act of overcharging for video footage only serves to undermine public trust and hinder the prompt disclosure of public records. Transparency is especially important when it comes to policing given law enforcement’s immense power and authority to stop, detain, question, and arrest citizens in Ohio. We urge the Village to correctly apply the law and its Public Records Policy to ensure it is charging requestors only what is statutorily permitted.”