SANDUSKY, Ohio — The Ohio Supreme Court has ruled that Cedar Point's police department must turn over records requested by three Ohio television stations, including WKYC Studios.
In a unanimous decision, the court ruled that under the state's Public Records Act, the department must turn over the documents regarding an injury that occurred near the Top Thrill Dragster roller coaster in 2021, plus any records related to sexual assault reports in the park's employee dorms between April 1, 2017 and March 22, 2022.
3News Investigates and our sister stations, WBNS 10TV in Columbus and WTOL 11 in Toledo, have been investigating allegations of sexual assault that occurred inside the employee dorms. In May 2022, 3News Investigates revealed the existence of 27 police reports filed during 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.
For years, Cedar Point has considered its police department to be a private force and therefore not subject to public records law. But 3News, along with WBNS and WTOL, 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 the functional equivalent of a public institution. In its decision, the justices said that any remaining records should be immediately turned over to WTOL and WKYC.
In January, Cedar Point provided reports on 12 previously unknown sexual assault allegations, bringing the total to 41 reports during 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.
In addition to sexual assault reports, WKYC also requested reports from an Aug. 15, 2021 incident in which a woman sustained major head injuries while waiting in line for the Top Thrill Dragster, when she was struck by a metal plate that broke off from the ride. The court also ordered those reports to be produced.
Ryan Goellner, attorney for TEGNA, said the ruling sends a message to other private police forces that function like public entities.
"What this decision means is that private entities can't go to government for help in creating these police forces, and then hide behind their status as a private entity to keep their records away from the public," he said.
Following the investigation by 3News and our TEGNA sister stations, the city of Sandusky stripped all policing power from Cedar Point's Police Department. Arrests and investigations are now handled by Sandusky police officers.
In an opinion, the Court majority also directed Cedar Fair, the parent company of Cedar Point, to pay the media outlets' court costs but denied requests that the company pay for damages and attorney fees.
In a separate opinion, Chief Justice Sharon Kennedy stated that Cedar Fair should pay damages and attorney fees to the news stations.
Previous Reporting:
- 3News Investigates: Newly released Cedar Point police records reveal 12 new sexual assault reports since 2017
- WTOL, WKYC, WBNS lawsuit against Cedar Point parent company advances in state Supreme Court
- Sandusky police to assume all law enforcement responsibilities inside Cedar Point
- 3News Investigates: Cedar Point and shattered summer dreams