State ex rel. Fostoria Daily Review Co. v. Fostoria Hospital Association

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State ex rel. Fostoria Daily Review Co. vs. Fostoria Hospital Association Number: 40 Ohio St. 3d 10, 531 N.E.2d 313 Year: 1988 State: Ohio Court: Ohio Supreme Court Other lawsuits in Ohio Other lawsuits in 1988 Precedents include: This case established a number of important precedents: That hospitals which receive public funds and serve a clear public purpose as a hospital providing services to the community with the permission and mandate of a municipal governing body are considered public bodies themselves. Public funding can come in the form of land leased at no cost.

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State ex rel. Toledo Blade v. University of Toledo Foundation is a 1988 court ruling from the Ohio Supreme Court concerning the Ohio Open Records Law.

Important precedents

This case established a number of important precedents:

1. That hospitals which receive public funds and serve a clear public purpose as a hospital providing services to the community with the permission and mandate of a municipal governing body are considered public bodies themselves.
2. Public funding can come in the form of land leased at no cost.

Background

• This case centered around a public records request for records of the Fostoria City Hospital by the local newspaper.
• The hospital denied the request claiming that the hospital, as a private nonprofit was not subject to the act.
• When the request was denied, the newspaper filed suit, seeking to compel the release of the documents.

Ruling of the court

The Supreme Court determined that if the hospital is a public hospital in that it performs a clear public function and receives public funds, then it is a public body subject to the act. The court determined that Fostoria Hospital was in fact a public hospital providing a public function because it was leased to a private corporation by a public body and because it was the only hospital supporting the health-care needs of the town. The court went on to determine that the city's decision not to collect rent was in effect, a method of providing funds to the hospital. Based on this, the court determined that the hospitals records were subject to public records request. However, the court did feel that the ambiguity of the law prevented the court from awarding attorney fees to the newspaper.

External links

• Ruling of the Court