Title: Governor Greenlights $750 Fee for Public to Access Bodycam Footage in Ohio
Introduced in Ohio's HB 315, a provision lurks on page 72, making it harder and pricier to acquire bodycam footages from law enforcement. As reported by News 5 Cleveland, this new legislation permits the police to levy charges on individuals submitting public records requests for bodycam footage. The charges? An hourly rate of up to $75, capped at $750 in total.
Dissecting the bill's relevant text, it states that the cops can charge for the actual costs incurred while fulfilling their responsibilities, with the hourly rate capped at $75 and the overall fee at $750. Regarding video records, 'actual costs' refer to storage media, staff time, and any related overhead needed to comply with the request.
Additionally, cops can demand payment from requestors prior to processing the video, as per the bill's stipulation. "A state or local law enforcement agency may require that a requester pay the estimated actual cost before beginning the process of preparing a video record for inspection or production," it mentions.
Facing substantial backlash, the law has sparked a rift between local media and constituents. Governor DeWine and the police insist that the high cost of compiling video for public consumption diverts resources, including officer time, away from their primary duties.
In DeWine's statement to the press, he stated, "No law enforcement agency should ever be compelled to redirect resources away from officers on the street to undertake time-consuming administrative tasks, such as lengthy redaction reviews for which agencies receive no compensation."
Marion Ohio's Chief of Police, Jay McDonald, echoed this sentiment, asserting that the move was an attempt to prevent cops from assembling clips for YouTubers. In an interview with the Ohio Capital Journal, he explained, "They want domestic violence, they want drunk driving, they want bar fights. Processing that body cam in those requests like that takes hours and hours and hours of work, making the jobs of the media, lawyers, and citizens requesting records harder."
There's a thriving cottage industry of YouTubers and streamers who curate bodycam footage for views. Implementing a $750 fee could deter them from conducting business in Ohio. Establishing such significant financial constraints could also impact journalists and small-scale newsrooms, who rely on bodycam footage as a means to scrutinize police conduct.
The health of vulnerable individuals who've had interactions with law enforcement could also suffer under this policy, with restricted access to the footage of such incidents.
Wisconsin was the initial state to enact a similar law, Act 253, signed last September, with a concentration on profiteers. Over and above impacting YouTubers, this also extends to journalists. Other states like Texas, Florida, and several others, including a fee structure for processing bodycam footage.
Crucially, the Ohio law does not impose a wholesale obligation on the state's police departments, but rather serves as a ceiling on their ability to charge for such requests. Departments will individually determine what—if any—fees to levy for providing copies to the general public. Cleveland, for instance, has opted to postpone its decision, pending further research.
Cleveland's spokesperson, Tyler Sinclair, told News 5 Cleveland, "We are currently reviewing the situation at hand... We need to conduct our own research before enacting any policy."
Assuring journalists, Sinclair added that they would continue to provide bodycam footage free of charge. "Freedom of the press is a cornerstone of democracy, and we strongly believe in the key role traditional media plays in holding government accountable," he said, articulating their stance on allocating bodycam footage to the media for free.
This new legislation, influencing the future of transparency, could potentially shift the tech landscape of investigative journalism in Ohio, as law enforcement agencies may charge up to $75 an hour for bodycam footage requests, capped at $750. With increasing costs, tech-savvy individuals and news outlets might opt for bodycam footage from other states, potentially impacting local tech companies that specialize in bodycam footage analysis.
