Kentucky sunshine lawsuits

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Here is a list of major FOIA court decisions and their effect on the Kentucky Open Records Act.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)


" Year Precedent
Bowling v. Lexington-Fayette Urban County Government 2005 This case established a right to a hearing in cases where an agency denies the existence of records. However, the court determined that an individual must make a clear showing as to the potential of the records existence to prevent undue harassment of state agencies for potential records.
Courier-Journal v. City of Louisville 2006 This case eliminated an automatic exemption for employee evaluation reports and instead opted for a balancing test between personal interest and public interest combined with a redaction process for removing personal information in which the public would have no interest.
Courier-Journal v. Kentucky High School Athletics Association 2005 This case established no precedent, because it never arrived at court.
Courier-Journal v. University of Louisville Foundation 2005 This case established that records of donations qualified as exempt under Kentucky's exemption protecting personal privacy found in statute 61.878(1) (a).
Kentucky Central v. Park Broadcasting 1996 This case established that, in addition to the appointment of board members from a public agency, additional factors were required to be considered before naming a private corporation a public agency, including funding, day to day control, function and the use of employees.
Lexington-Fayette Urban County Government v. Lexington Herald-Leader Co. 1997 1.) That personal privacy exemptions should be validated or overruled by comparing the public interest in the release with the privacy interest brought about by the potential harm to the reputation of the individuals.

2.) That public interest and the Kentucky Open Records Act could override contractual or settlement agreements of confidentiality, given that the above mentioned test was met in favor of release.

Skaggs v. Redford 1992 This case established that the exemption for police investigatory files which could result in litigation, found in Kentucky Open Records Act statute 61.878(1)(g), extended until the full sentence of the criminal in question was served or the individual was fully acquitted.
Zink v. Commonwealth of Kentucky, Department of Workers' Claims, Labor Cabinet 1994

References