Opinion

Schaffer v. Ohio State Univ.

  • 2025 Ohio 4962
Court
Ohio Court of Appeals
Filed
Oct 30, 2025
Status
Published
On the bench
Boggs
Cited by
0 cases
Authority
More cited than 36.0%

The opinion

[Cite as Schaffer v. Ohio State Univ., 2025-Ohio-4962.]

IN THE COURT OF APPEALS OF OHIO

TENTH APPELLATE DISTRICT

Alex Schaffer, :

Plaintiff-Appellant, :

No. 25AP-376

v. : (Ct. of Cl. No. 2024-oo876PQ)

The Ohio State University, : (ACCELERATED CALENDAR)

Defendant-Appellee. :

D E C I S I O N

Rendered on October 30, 2025

On brief: Alex Schaffer, pro se. Argued: Alex Schaffer.

On brief: Dave Yost, Attorney General, Regina Mendicino

Dwyer, and Scott Welch, for appellee. Argued: Regina

Mendicino Dwyer.

APPEAL from the Court of Claims of Ohio

BOGGS, J.

{¶ 1} Plaintiff-appellant, Alex Schaffer, appeals the judgment of the Court of

Claims of Ohio, which overruled Schaffer’s objections to a special master’s report and

recommendation (“report”), adopted the report, and entered judgment for defendant-

appellee, The Ohio State University (“Ohio State”), on Schaffer’s complaint alleging a denial

of access to public records in violation of R.C. 149.43. Schaffer has also filed a motion to

strike portions of Ohio State’s appellate brief. For the following reasons, we deny Schaffer’s

motion to strike and affirm the Court of Claims’ judgment in favor of Ohio State.

I. FACTS AND PROCEDURAL BACKGROUND

{¶ 2} Pursuant to R.C. 2743.75, Schaffer filed a complaint in the Court of Claims on

December 12, 2024, alleging a violation of R.C. 149.43(B) and seeking an order compelling

Ohio State’s compliance with public-records requests he submitted on November 24

and 25, 2024. In his public records requests, Schaffer sought lists of the names and email

No. 25AP-376 2

addresses of all persons who receive newsletters about Ohio State’s athletic activities. Ohio

State denied Schaffer’s requests based on its policy limiting commercial records requests.

{¶ 3} The Court of Claims appointed a special master, who reviewed the evidence

and memoranda submitted by the parties and issued a report recommending that the Court

of Claims enter judgment in favor of Ohio State. The special master determined that Ohio

State properly denied Schaffer’s requests through application of its policy on commercial

records requests, but the special master also addressed Ohio State’s alternative argument

that the requested lists are not “records” within the meaning of R.C. 149.011(G) or “public

records” within the meaning of R.C. 149.43. The special master rejected Schaffer’s

argument that Hicks v. Union Twp., Clermont Cty. Bd. of Trustees, 2024-Ohio-5449,

compels the conclusion that the lists are “records” under R.C. 149.011(G). Rather, the

special master stated that the lists are “very similar” to the lists at issue in Doe v. The Ohio

State University, 2024-Ohio-5891 (10th Dist.), in which this court distinguished Hicks and

held that the requested materials were not “records” under R.C. 149.011(G). (Feb. 13, 2025

Report & Recommendation at 5.) The special master reasoned that, like the lists in Doe,

“the lists at issue here do not document anything about [Ohio State’s] activities except who

it communicates with and how it does so.” Id. at 6.

{¶ 4} Schaffer filed objections to the special master’s report, and Ohio State

responded. Schaffer argued, in part, that the special master erred by relying on Doe because

this court did not decide Doe until after Schaffer filed his complaint and because Hicks is

controlling, binding precedent. Schaffer also argued that the special master erred by

determining that the requested lists do not document Ohio State’s organization, functions,

policies, decisions, procedures, operations, or other activities of Ohio State. Further,

Schaffer argued that the special master erred by determining that Ohio State properly

applied its policy on commercial requests to deny Schaffer’s requests.

{¶ 5} The Court of Claims overruled Schaffer’s objections, adopted the special

master’s report, and entered judgment in favor of Ohio State. The Court of Claims agreed

with the special master that Ohio State properly applied its policy limiting the number of

records that will be provided for commercial purposes, noting Schaffer’s work in the ticket-

reselling business, the obvious utility to that business of the requested lists, and Schaffer’s

use of an email address with a commercial domain. The Court of Claims also agreed with

No. 25AP-376 3

the special master’s application of Doe, which it recognized as binding precedent: “It is not

for this Court to decide whether in Doe the Tenth District Court of Appeals misinterpreted

or misapplied Hicks.” Schaffer v. The Ohio State Univ., 2025-Ohio-1649, ¶ 20 (Ct. of Cl.).

{¶ 6} Schaffer has appealed the Court of Claims’ judgment to this court and

presents two assignments of error:

[1.] The Court of Claims erred in overruling Appellant’s

objections and adopting the Special Master’s Report and

Recommendation, which overruled the Ohio Supreme Court

and Rule of Law in Hicks . . ., which held Email and Mail

Distribution Lists of Newsletter Programs of public offices are

“records” under the Ohio Public Records Act and thus violated

the Doctrine of Stare Decisis.

[2.] The Court of Claims erred in overruling Appellant’s

objections and adopting the Special Master’s Report and

Recommendation, which failed to reconcile how the Email

Newsletter Distribution Lists do not fit the definition of

“records” in R.C. 149.011(G) despite acknowledging the

decision is “hard to square” with the syllabus of the Ohio

Supreme Court in Hicks which held Email and Mail

Distribution Lists of public offices for Newsletter Programs are

“records” per the definition in R.C. 149.011(G).

(Appellant’s Brief at vi.)

II. ANALYSIS

A. Schaffer’s motion to strike is not well-taken

{¶ 7} Before turning to Schaffer’s assignments of error, we first address and deny

Schaffer’s motion to strike portions of Ohio State’s appellate brief. Schaffer argues that, in

its appellate brief, Ohio State misstates that this case involves requests for the same

information that was requested in Doe, mispresents the contents of Schaffer’s public-

records request, and raises new arguments that it did not raise in the Court of Claims.

{¶ 8} Schaffer’s motion to strike is not well-taken. First, to the extent Ohio State

may conflate the requests in Doe and the requests in this case, this court is aware of the

differences between the information requested in the two cases. Further, reading Ohio

State’s brief as a whole, we can only conclude that any such conflation was unintentional.

Moreover, Ohio State clearly and correctly addresses elsewhere the specific, different

requests at issue in Doe and here. We further disagree with Schaffer’s suggestions that Ohio

No. 25AP-376 4

State has misrepresented the relief Schaffer seeks in this case and that Ohio State raises

new arguments it did not raise in the Court of Claims. As in the Court of Claims, Ohio

State’s overarching argument here concerns application of the relevant case law—

particularly, Hicks and Doe—which the parties and the Court of Claims fully addressed

below. Finding no basis to strike any of Ohio State’s brief, we deny Schaffer’s motion to

strike and turn to Schaffer’s assignments of error.

{¶ 9} As both of Schaffer’s assignments of error challenge the Court of Claims’

judgment overruling Schaffer’s objections and adopting the report, we address the

assignments of error together.

B. The Public Records Act and standard of review

{¶ 10} Ohio’s Public Records Act requires a public office to promptly make copies of

public records available to any person upon request. R.C. 149.43(B)(1). A “public record”

is a record kept by any public office, except as otherwise provided in R.C. 149.43(A)(1). For

purposes of the Public Records Act, the term “records” includes:

any document, device, or item, regardless of physical form or

characteristic, including an electronic record . . ., created or

received by or coming under the jurisdiction of any public office

of the state or its political subdivisions, which serves to

document the organization, functions, policies, decisions,

procedures, operations, or other activities of the office.

R.C. 149.011(G). Courts construe the Public Records Act liberally in favor of broad access

to public records and resolve doubts in favor of disclosure. State ex rel. Cable News

Network, Inc. v. Bellbrook-Sugarcreek Local Schools, 2020-Ohio-5149, ¶ 8.

{¶ 11} A person aggrieved by a denial of access to public records in violation of R.C.

149.43(B) may file either a mandamus action, pursuant to R.C. 149.436(C)(1), or a public-

records-access complaint in the Court of Claims, pursuant to R.C. 2743.75. “[T]he General

Assembly enacted R.C. 2743.75(A) ‘to provide for an expeditious and economical procedure

that attempts to resolve disputes alleging a denial of access to public records’ in violation of

R.C. 149.43(B).” Welsh-Huggins v. Jefferson Cty. Prosecutor’s Office, 2020-Ohio-5371,

¶ 12, quoting R.C. 2743.75(A). In an R.C. 2743.75 action, the requester must plead and

prove facts showing that it “sought an identifiable public record pursuant to R.C.

149.43(B)(1) and that the public office or records custodian did not make the record

available.” Id. at ¶ 33. In Welsh-Huggins, the Supreme Court of Ohio assumed without

No. 25AP-376 5

deciding that a requester must demonstrate entitlement to relief under R.C. 2743.75 for the

denial of access to public records in violation of R.C. 149.43(B) by clear and convincing

evidence. Id. at ¶ 34.

{¶ 12} Whether material qualifies as a record under R.C. 149.011(G) presents a

mixed question of law and fact. Doe, 2024-Ohio-5891, at ¶ 19. When presented with such

an issue, an appellate court “ ‘will independently review the legal question de novo but will

defer to the trial court’s underlying factual findings, reviewing them only for clear error.’ ”

Id., quoting Welsh-Huggins at ¶ 37. To prove that requested materials are “records” for the

purposes of R.C. 149.011(G) and 149.43, the requester must establish that they are “(1)

documents, devices, or items, (2) created or received by or coming under the jurisdiction of

the state agencies, (3) which serve to document the organization, functions, policies,

decisions, procedures, operations, or other activities of the office.” State ex rel. Dispatch

Printing Co. v. Johnson, 2005-Ohio-4384, ¶ 19.

{¶ 13} Schaffer maintains that, in determining whether the requested distribution

lists qualify as records under R.C. 149.011(G), the Court of Claims erroneously applied this

court’s Doe decision rather than the Supreme Court of Ohio’s earlier decision in Hicks.

Indeed, in his first assignment of error, he goes so far as to state that the report, adopted by

the Court of Claims, erroneously “overruled” Hicks. (Appellant’s Brief at vi.) We will

address Hicks and Doe in turn.

C. Hicks

{¶ 14} We first turn to the Supreme Court of Ohio’s opinion in Hicks. Hicks

submitted a public-records request to the Union Township, Clermont County Board of

Trustees (“the township”), requesting email and mail distribution lists for the township

newsletter. After the township denied the request, Hicks filed a complaint in the Court of

Claims pursuant to R.C. 2743.75(D).

{¶ 15} Affidavits established that the township published a quarterly newsletter to

provide the community with pertinent information from its governing body. The township

used a third-party, direct-mail vendor to send the newsletter to all mailing addresses in the

township. The mailing list was maintained in conjunction with the local post office and was

based on local zip codes. A township employee maintained an email distribution list for

those who elected to receive the newsletter by email. The township administrator stated

No. 25AP-376 6

that the township used the email list solely for the administrative purpose of sending the

newsletter electronically. The parties agreed that the newsletter, itself, qualified as a public

record subject to production upon request, but they disagreed whether the lists of mailing

and email addresses to which the township directed the newsletter constituted public

records.

{¶ 16} Contrary to Hicks’s argument that the distribution lists documented the

functions or other activities of the township in keeping its constituents informed and were

therefore public records, the Court of Claims held that the distribution lists did not

document the township’s organization, functions, policies, decisions, procedures,

operations, or other activities. The Twelfth District Court of Appeals affirmed the Court of

Claims’ judgment, but the Supreme Court of Ohio reversed.

{¶ 17} The Supreme Court of Ohio determined that the lists documented an

essential function of the township, as they were “central to connecting the township with

its constituents.” Hicks, 2024-Ohio-5449, at ¶ 17. The Supreme Court of Ohio recognized

that R.C. 9.03 allows a political subdivision to use public funds to publish and distribute

newsletters to communicate its plans, policies, and operations to members of the public

within the political subdivision and to others who may be affected by the political

subdivision. The township newsletter in Hicks was distributed to mailing addresses within

the township (and by email to others who opted in through the township’s website), and it

provided recipients with information about township meetings, events, and services,

contact information for each township department, and updates from the township’s

police, fire, service, and zoning departments. See Hicks v. Union Twp., 2023-Ohio-874,

¶ 5, 8 (12th Dist.), rev’d, 2024-Ohio-5449. On those facts, the Supreme Court of Ohio

stated, “[T]he distribution lists document particular functions and procedures of the

township, revealing how and to whom the township’s newsletter is regularly distributed.”

Hicks, 2024-Ohio-5449, at ¶ 17.

D. Doe

{¶ 18} We now turn to this court’s decision in Doe, which involved public-records

requests for names, email addresses, mailing addresses, and telephone numbers, and seat-

location information for Ohio State faculty, staff, and donors who had purchased or

received season tickets for university sporting events. The Court of Claims ordered Ohio

No. 25AP-376 7

State to produce copies of records responsive to the requests, with certain redactions,

including ticketholders’ mailing addresses. Both Doe and Ohio State appealed to this court.

{¶ 19} This court considered whether the season ticketholders’ personal

information—their mailing addresses, email addresses, and phone numbers—documented

Ohio State’s organization, functions, policies, decisions, procedures, operations, or other

activities, so as to qualify as “records” under R.C. 149.011(G).1 In answering that question,

this court reviewed a series of Supreme Court of Ohio cases, including Hicks, that addressed

whether personal information held by a public office meets the third requirement of a

“record” under R.C. 149.011(G). Synthesizing those cases, we stated, “[W]hether personal

information satisfies the third requirement of a record turns on whether that personal

information sheds any light on the public office’s performance of its activities,” and we

concluded that season ticketholders’ mailing addresses, email addresses, and telephone

numbers did not do so. Doe at ¶ 31. “[B]y themselves, the mailing addresses, email

addresses, and telephone numbers provide no information about or insight into Ohio

State’s ticketing organization, functions, policies, decisions, procedures, operations, or

activities,” and its disclosure “would not further the public understanding of the inner

workings of Ohio State’s ticketing process.” Id.

{¶ 20} The Supreme Court of Ohio refused a discretionary appeal of this court’s

decision in Doe, despite Doe’s argument that this court’s decision conflicted with Hicks.

See Doe v. Ohio State Univ., 2025-Ohio-857; Doe v. Ohio State Univ., 2025-Ohio-2416.

E. The Court of Claims did not err by applying Doe

{¶ 21} The essence of Schaffer’s appellate argument is that Hicks held that mail and

email distribution lists for newsletters issued and distributed by public offices are public

records under R.C. 149.011(G) and 149.43(A). As such, Schaffer maintains, based on Hicks

and the doctrine of stare decisis,2 that the Court of Claims was required to hold that the

distribution lists for Ohio State’s athletics newsletters are public records subject to

disclosure upon request. We disagree.

1 Like in Hicks, the parties in Doe did not dispute that the requested information satisfied the first two

requirements under R.C. 149.011(G).

2 The doctrine of stare decisis requires a court to recognize and follow an established legal decision in

subsequent cases in which the question of law is again in controversy. New Riegel Local School Dist. Bd. of

Edn. v. Buehrer Group Architecture & Eng., Inc., 2019-Ohio-2851, ¶ 18. It is intended to provide continuity

and predictability in the legal system. Westfield Ins. Co. v. Galatis, 2003-Ohio-5849, ¶ 43.

No. 25AP-376 8

{¶ 22} Contrary to Schaffer’s suggestion, neither the report nor the Court of Claims’

judgment applying Doe “overruled” the Supreme Court of Ohio’s opinion in Hicks, nor do

they violate the doctrine of stare decisis. (Appellant’s Compl. at 11.) First, the Supreme

Court of Ohio did not hold in Hicks that all mail and email distribution lists maintained or

utilized by a public office constitute public records; it held only that “the email-and mail-

distribution lists at issue” there satisfied each requirement in R.C. 149.011(G) and 143.43.

(Emphasis added.) Hicks, 2024-Ohio-5449, at ¶ 15. Second, although Hicks is

undisputedly binding precedent on both the Court of Claims and this court, Doe is likewise

binding on the Court of Claims. See In re Schott, 16 Ohio App.2d 72 (1st Dist. 1968); R.C.

2743.20. Furthermore, this court neither ignored nor contradicted Hicks in Doe.

{¶ 23} In Doe, we discerned from Hicks and other Supreme Court of Ohio caselaw

that whether personal information held by public offices satisfies the third prong of the

definition of “record” in R.C. 149.011(G) “turns on whether that personal information sheds

any light on the public office’s performance of its activities.” Doe at ¶ 31. For example, we

noted the Supreme Court of Ohio’s prior statement that a public office has “no obligation

to disclose personal information about individuals that accumulates in government files

that reveals little or nothing about the agency’s own conduct.” Id. at ¶ 22, citing State ex

rel. McCleary v. Roberts, 2000-Ohio-345, 88 Ohio St.3d 365, 368. See also Johnson,

2005-Ohio-4384, at ¶ 25 (state employees’ home addresses represented contact

information used for administrative convenience but did not document the acts of state

agencies). It is the application of that rule to the specific facts of Doe that led this court to

conclude that the personal information requested there, unlike the personal information

requested in Hicks, did not fall within the statutory definition of “record.” In other words,

this court distinguished Hicks based on the particular facts of each case. Finding the facts

of this case more like those in Doe than those in Hicks, the Court of Claims determined it

was required to follow Doe unless and until the Supreme Court of Ohio announces a

contrary ruling that would take precedence.

{¶ 24} The Court of Claims’ holding is consistent with both Hicks and Doe. As

required by both cases, the Court of Claims asked whether the requested materials are

records under R.C. 149.011(G), i.e., whether they are “ ‘(1) documents, devices, or items, (2)

created or received by or coming under the jurisdiction of the state agencies, (3) which serve

No. 25AP-376 9

to document the organization, functions, policies, decisions, procedures, operations, or

other activities of the office.’ ” Hicks, 2024-Ohio-5449, at ¶ 15, quoting Johnson at ¶ 19; see

also Doe at ¶ 20, citing Johnson at ¶ 19. As in both Hicks and Doe, the central issue here

was whether the requested material documents the organization, functions, policies,

decisions, procedures, operations, or other activities of the public office.

{¶ 25} In Hicks, the Supreme Court of Ohio held that the distribution lists for the

township newsletters, which were published to provide Union Township residents and

businesses with pertinent information from the governing body, were “central to

connecting the township with its constituents, which is the purpose of a newsletter.” Id. at

¶ 17. The Supreme Court of Ohio concluded that information revealing how and to whom

the township newsletter was regularly distributed “document[ed] particular functions and

procedures of the township.” Id. The distribution lists shed light on the township’s

performance of its duties; to whom the township distributed the newsletter was a necessary

component of evaluating the township’s communication of essential information to its

residents. Had the township not chosen a newsletter format for communicating with its

constituents, it would have had to choose another way to communicate governmental

information. In Doe, on the other hand, ticketholders’ personal information did not shed

light on Ohio State’s ticketing activities, as “[a]ny particular ticketholder’s mailing address,

email address, or telephone number reveals little to nothing about Ohio State’s activities

with regard to ticketing.” Doe at ¶ 31. Ticketholders’ personal information did “not

document anything about Ohio State’s structure, duties, general management principles,

determinations, specific methods, processes, or other acts.” Id. at ¶ 37.

{¶ 26} Although this case involves requests for newsletter distribution lists like in

Hicks, this distribution lists here, unlike in Hicks, reveal nothing about the public office’s

organization, functions, policies, decisions, procedures, operations, or other activities.

They contain only contact information voluntarily provided by members of the public who

have opted in to receive newsletters about Ohio State athletics. The lists are not curated by

Ohio State, as any member of the public can opt in to receive the electronic newsletters

through Ohio State’s website. The contents of the newsletters, which Ohio State does not

dispute qualify as records under R.C. 149.011(G), are freely available to anyone who

registers to receive them. Unlike in Hicks, however, Ohio State’s dissemination of its

No. 25AP-376 10

athletics newsletters is not tied to its performance of statutory duties. There has been no

suggestion that the identities and contact information of individuals who voluntarily

subscribe to the athletic newsletters has any effect on how Ohio State carries out its

operative functions. Because the identities and addresses of those who receive Ohio State’s

athletics newsletters reveal nothing about Ohio State’s organization, functions, policies,

decisions, procedures, operations, or other activities, we conclude, like the Court of Claims,

that the requested material does not qualify as a record under R.C. 149.011 or a public

record under R.C. 149.43.

III. CONCLUSION

{¶ 27} For these reasons, we overrule Schaffer’s two assignments of error and affirm

the judgment of the Court of Claims of Ohio. Additionally, we deny Schaffer’s motion to

strike portions of Ohio State’s brief.

Judgment affirmed;

motion to strike denied.

DORRIAN and BEATTY BLUNT, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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