Cedar Point fails to respond

SANDUSKY — The Sandusky Register's public records dispute with Cedar Point's police department appears to be moving toward a resolution. The newspaper contends reports from Cedar Point's police department are public records. The Register argues Cedar Point police must follow the same rules as other local police departments. Cedar Point's attorney has missed two deadlines for submitting a legal brief. In response, Jeff Clark, the special master for the case at the Ohio Court of Claims, has invited the Register to submit additional information. Clark also invited the Register to file a motion for summary judgment in the case. The Register's deadline is Jan. 21. "Requester may file a motion for default judgment," Clark wrote in an order filed on Monday. Clark also told Cedar Point's attorney, Justin Harris, that he can still file a response despite missing two earlier deadlines, provided it is "supported by a showing that the failure to act was the result of excusable neglect." Harris also has a Jan. 21 deadline. Following any additional court filings, Clark wrote that he "will rule on any motions and determine whether further information or documents are required." Matt Westerhold, executive editor for the Register and for other Ogden News newspapers in the area, said Tuesday he does plan to file additional information and also plans to file a motion seeking a default judgment. Harris did not return a call from the Register on Tuesday asking for comment. The Ohio Court of Claims deals with disputes over compliance with Ohio's open records law. Clark will make a recommendation on the case to a judge, who then will issue a ruling. Westerhold said in a statement Tuesday that he's pursued the case because he believes the effort is in the public interest. "We're hopeful that park officials will see that if they are going to maintain a police department that they maintain the same high standards other local police departments strive to maintain," he said. "It's important the public has confidence that if a police officer is needed that a professional responds, in a responsible fashion," Westerhold said. "And that a proper record is made of any incidents and these are public records." The Register filed its complaint at the Ohio Court of Claims on Sept. 15, arguing that Cedar Point's police department should be ordered to make its reports public. The paper has been seeking police records since August. On Aug. 15, Rachel Hawes, 44, of Swartz Creek, Michigan, was waiting in line for Top Thrill Dragster when a piece of metal apparently flew off the ride and hit her in the head. Hawes suffered a serious injury. The Register has sought the Cedar Point Police Department's incident report on the accident and also has asked for the police department to supply daily incident reports, similar to the reports the Register routinely obtains from the Sandusky Police Department, Perkins Police Department and the Erie County Sheriff's Office.