A remarkably quick turnaround in an open records case argued on June 5 in the Kentucky Court of Appeals.

http://opinions.kycourts.net/coa/2018-CA-001105.pdf

The following post appeared on the Coalition's Facebook Page on June 5.

https://www.facebook.com/1846598708/posts/10211214882688337?s=184659870…

The appellate court reversed the Fayette Circuit Court ruling in favor of open records requester Mike Maharrey and against Lexington-Fayette Urban County Government.

In 2017, LFUCG denied Maharrey access to records relating in the purchase of video surveillance equipment installed at various parks. Maharrey successfully appealed LFUCG's denial to the attorney general, and the Fayette Circuit Court affirmed.

Today's ruling focuses on the circuit court's failure to conduct confidential inspection of the disputed records. The appellate court returns the case to the circuit court with instructions that it review the records, conduct a hearing to explore the agency's argument that disclosure of information about deployment and concealment of covert surveillance cameras would render the cameras ineffective, and determine if LFUCG properly denied the request.

This is not a defeat for the open records law.

It is instead a reflection of the appellate court's concern that LFUCG was not afforded an adequate opportunity to meet its burden of proving that it properly denied Maharrey's request.

The issue of the public's right of access to the records must still be resolved by the courts.