After a 17-month legal fight for public records, WTOL 11 and sister stations WBNS and WKYC prevailed in the Ohio Supreme Court against Cedar Point and its parent company, Cedar Fair.
On Wednesday morning, the justices ordered the park's police department to turn over any records related to sexual assault reports in the employee dorms between April 1, 2017, and March 22, 2022. The decision was unanimous.
WTOL 11 led the fight for the records as part of its weeklong investigation into the park in May 2022. That investigation revealed the existence of 27 police reports filed over a five-year period by Cedar Point employees. Those employees reported being sexually assaulted in the employee dorms. However, those reports were obtained through public record requests to the Sandusky Police Department.
On March 23, 2022, 11 Investigates emailed Cedar Point Police Chief Ronald Gilson, asking for his department's sexual assault records. The request included that any videos or audio of investigative interviews be included.
Gilson acknowledged receipt of the request and said it would be sent to the park's attorneys.
It was the last email we received from Gilson before filing suit in the Ohio Supreme Court on July 26, 2022. Multiple emails were ignored by various park officials.
Attorneys from the law office of Frost Brown Todd composed the suit and briefs on behalf of WTOL 11, WKYC and WBNS.
"We're excited by the decision. Obviously, we think the court made the correct decision in finding that the Cedar Point Police Department is the functional equivalent of a public office," Frost Brown Todd attorney Ryan Goellner said.
For years, Cedar Point has considered its police department to be a private force and therefore not subject to public records law. But WTOL 11, along with WBNS and WKYC, discovered that its officers carried guns, had the power to make arrests, received police academy training and were appointed by Sandusky's city manager.
That argument carried weight with the justices, who wrote in their opinion that the officers provided law enforcement services and were essentially a public institution. In its decision, the justices said that any remaining records should be immediately turned over to WTOL 11 and WKYC.
In January, Cedar Point provided reports on 13 previously unknown sexual assault allegations, bringing the total to 41 reports over a five-year period. In court filings, it has argued that it has turned over all the available reports. However, some of its reports included references to investigative videos. No videos have been produced by Cedar Point and it's not clear if all available documents have been produced.
Besides gaining access to previously unknown records, the court victory could also set a valuable precedent for media outlets taking on private departments. Many hospitals, private schools and transportation authorities consider themselves private police departments and not subject to public records law. Goellner said this will be additional case law that media outlets could use to argue their case.
"If you're a media outlet, dealing with a private police force that enforces criminal laws and that is appointed or constituted by a government entity, you now have a really favorable precedent you can point to in seeking public records from that entity," Goellner said.
In addition to sexual assault reports, WKYC also requested reports from an Aug. 15, 2021, incident in which a woman was injured while waiting in line by debris from the Top Thrill Dragster. The court also ordered those reports to be produced.
According to Goellner, his firm will reach out to Cedar Point attorneys this week in an attempt to determine what additional records the park's department has in its possession.
Following WTOL 11's investigation, the city of Sandusky stripped all policing power from Cedar Point's Police Department. Arrests and investigations are now handled by Sandusky police officers.
RELATED: 11 Investigates: Sandusky reaches deal to strip policing power from Cedar Point Police Department
The full decision from the Ohio Supreme Court is included below:
EARLIER COVERAGE