There's a little known exception to the Kentucky open records law that would have come in handy for officials at the University of Michigan when the university received a request for the donated papers of John Tanton, the reputed "architect of the modern anti-immigration movement."

Tanton donated his papers, documenting his work from 1960 through the 2000s, to the university's library with the condition that they be closed to research until 2035.

A Virginia immigration lawyer, Hassan M. Ahmad, requested the papers under Michigan's public records law. The university denied the request, asserting that under the conditions of the donation the papers would not be "public records," accessible to the public, until opened in 2035.

Ahmad lost in the lower court in 2017.

But on June 21, The Detroit News announced that in an opinion issued this week the Michigan Court of Appeals reversed the lower court ruling, holding that Ahmad's "complaint states a valid claim that the papers are public records."

The university may petition the Michigan Supreme Court to review the Court of Appeals' opinion within 42 days. If it does not, Ahmad's attorney explained, the case will be returned to the lower court "for normal trial activities."

What possible relevance to Kentucky's open records law does this case have?

As it happens, in 2005 two new exceptions were added to the open records law after a ten-plus year lull.

The exception that received the greatest attention was the widely discussed "homeland security" exception, KRS 61.878(1)(m). It resulted from the events of 9/11 and four years of engagement, careful study, discussion, and debate among stakeholders. Those efforts yielded a narrowly drafted exception to which all could agree.

The second exception enacted in 2005 received very little notice. KRS 61.878(1)(n) authorizes nondisclosure of "public or private records . . . having historic, literary, artistic, or commemorative value accepted by the archivist of a public university, museum, or government depository from a donor or depositor other than a public agency."

The exception expressly states that it applies "to the extent that nondisclosure is requested in writing by the donor or depositor of such records . . . ."

Under Kentucky law, Tanton's written request that his papers not be released to the public would be binding on a Kentucky university, museum, or government depository.

At the time of its enactment, the rumor floating through the Capitol was that the exception had been enacted at the request of Senator Mitch McConnell and was designed to permit him to donate his papers to the University of Louisville under conditions of restricted access for a period of time. Just a rumor, mind you.

To the best of my knowledge, it has never been invoked to deny an open records request.

The University of Michigan may be enviously eyeing Kentucky's exception but probably not the machinations that resulted in its enactment.