Ohio Supreme Court says police officers’ identities must be protected under Marsy’s Law

The Ohio Supreme Court sided with the city of Columbus over the Columbus Dispatch by saying that a state statute meant to protect the identities of crime victims can apply to on-duty police officers.

The Dispatch sued last year to release the names of eight officers who responded to a July 2023 bank robbery in Hilliard. The city used the 2017 constitutional amendment, which provides broad protection for crime victims, to keep these officers’ names confidential under Marsy’s Law.

The Tuesday majority opinion was authored by Justice Patrick DeWine. Chief Justice Sharon L. Kennedy, as well as Justices Joseph T. Deters, Daniel R. Hawkins and Megan E. Shanahan joined him. Justice Jennifer Brunner and Patrick Fischer concurred and dissented with DeWine’s opinion.

DeWine wrote that, according to Marsy’s Law, any person against whom a criminal offense is committed or who is directly harmed by a criminal offense could be classified as a victim.

“Applying the plain text of the amendment, we have no difficulty concluding that an ordinary understanding of Marsy’s Law’s definition of victim encompasses the officers in this case,” DeWine wrote.

Beryl Love, the regional editor for the USA TODAY Network Ohio, criticized the ruling in a statement to WOSU.

“If you understand the history of Marsy’s Law, you know that it was not intended to shield the names of police officers involved in fatal shootings,” Love said. “The court today green-lighted this overreach and, in doing so, reduced the transparency that is vital to preserve the community’s trust in law enforcement.”

​​Columbus City Attorney Zach Klein said in a statement that the ruling affirms the city’s interpretation and use of Marsy’s Law.

“Our goal all along has been to follow the law as written by the Ohio legislature, and today’s ruling by the Ohio Supreme Court affirms that interpretation of Marsy’s Law. If the Ohio legislature chooses to amend or clarify these important public record provisions in the future, we will, of course, follow those laws at that time,” he said.

The recent ruling follows another high-profile case involving a law enforcement officer.

A jury found Blendon Township Police Officer Connor Grubb not guilty of murder, felonious assault and involuntary manslaughter for fatally shooting Ta’Kiya Young in August 2023 at a Sunbury Road Kroger store.

The jury returned the verdict on Nov. 21, and Judge David Young, who is not related to Ta’Kiya Young, read the decision, according to Ohio.News. After the verdict, Grubb has been reinstated to paid administrative leave. Township trustees unanimously made this decision on Monday.

“Once a jury acquitted Officer Grubb of any criminal wrongdoing, I made the recommendation to the Board of Trustees to move him from unpaid administrative leave to paid administrative leave,” Blendon Township Police Chief John Belford said, according to Fox 28.