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Public records release prompts growing concerns over media card issuance

On April 13, two public records requests were sent to the Ohio State Highway Patrol/ Department of Public Safety as part of a discovery process being conducted by Ohioans For Concealed Carry. In addition to OFCC News Manager Chad Baus’ request, the Litigation Chair in OFCC’s Office of General Counsel, Ken Hanson, submitted a request for information on the rules regarding issuance of Ohio Public Information Officer (OPIO) State of Ohio News Media Credential Card.

OFCC can now report that both requests have been answered.

Judging from the information provided in response to Hanson’s request, it is clear the state is arbitrary and capricious in its determination of who obtains these press passes.

There are no background checks on applicants, no fingerprints required, and no social security number is requested. There are no training requirements, and there is no booklet from the state Attorney General on journalistic ethics. Applicants don’t have to be felony-free or drug-free for their lifetime. There seems to be no concern that applicants may have ever been institutionalized for mental health issues. When the card is issued, card-holders are ensured that their “personal data is encrypted”.

The only rule the office cited as being in force over the granting of the press passes is that the sponsoring organization appear in the Ohio News Media Directory. There is no other stated procedure for determining who obtains a press pass.

Attorney Ken Hanson’s immediate thought after reading of the perfunctory policy for card issuance was that “it sounds like the fox guarding the henhouse.”

He explained: “It is extraordinarily rare for a governmental agency to completely delegate eligibility determinations to a third party they have no relationship or control over. This policy acts to ensure that only mainstream media obtains the cards. By controlling the Media Directory, only mainstream media can determine who mainstream media is.”

This policy was applied to the application of OhioCCW.org News Manager Chad Baus, whose application was recently denied, with an explanation that no “freelance journalists” may receive the state-issued press pass. However, as the wealth of information from Baus’ request has revealed, this standard has not been applied throughout the history of the four-year-old program.

Over 2490 pages were released in response to Baus' request, and OFCC has only begun to process the information. Following are some initial observations:

  • The state began issuing these cards in January 2001. The majority of applications are dated that first year.
  • 1521 cards have been issued.
  • 13 application forms were reported as “missing”.
  • Only 4 of these cards have ever been canceled, and only because an employee at the Ohio News Network took the time to let the OSHP know that the persons were no longer with the company.
  • Only 3 applications have been denied – including Baus’, that of a "student journalist", and a WNKU reporter (no
    reason given).

    Despite claims that no “freelance journalists” are given these press passes, records reveal that cards have been issued to:

  • 1 videographer for Clermont Co. Commissioners office (it is highly doubtful the office is listed in the Media Guide)
  • At least 1 freelance photographer
  • At least 1 freelance writer
  • At least 1 office assistant
  • Numerous sales assistants & advertising account executives
  • Numerous opinion editorial columnists

    The records also reveal that despite having been accused of or convicted of crimes, at least two former journalists’ credentials have not been revoked:

  • Former reporter and convicted child molester currently serving 5 years prison sentence.
  • News anchor arrested for driving w/ blood-alcohol level more than twice legal limit.

    After scanning the application information, Baus noted the irony that while satellite truck drivers, advertising sales persons, and even secretaries have been given these cards with impunity, his own application was denied because he is not considered a “journalist” under the rules of the Department of Public Safety.

    "It is clear that the state is being incredibly short-sighted in its discrimination against online media organizations," said Baus. “I am shocked by the arbitrary and capricious way in which these cards are given out, yet my own application was denied because I am not employed by a traditional brick-and-mortar media entity.

    Two final (initial) observations:

  • Although they claim to be staunch advocates of open records, several female reporters tried to omit their height/ weight information from the application, and had their applications held up until they provided the information.
  • Only 1,500 people have participated. It appears the OSHP/ Dept. of Public Safety bureaucrats who dreamed up this program knuckled under to a very vocal minority.

    OFCC was interested in obtaining these OPIO State of Ohio News Media Credential Card applications to review what the Ohio State Highway Patrol is doing to ensure that the "wrong" people aren’t getting these cards. It is clear that the answer is, they aren’t doing much at all.

    Analysis of these public records is ongoing, and updates will be provided when warranted.

  • Ohio Poll: Only 34% approval for Taft

    The Cleveland Plain Dealer is reporting that a new statewide poll shows Taft's disapproval rating is the highest of any governor since the Ohio Poll began evaluating the state's chief executives 24 years ago.

    From the story:

      Released Friday, the latest poll found 55 percent of adults interviewed disapprove of Taft's performance; 43 percent disapproved 14 months ago.

      Just 34 percent of those surveyed said they approve of the job the Republican governor is doing - his lowest rating since taking office in January 1999. Only one governor, Democrat Richard Celeste, had lower marks.

      A 1983 survey showed Celeste with a 32 percent favorable rating. Support for Celeste plummeted after he persuaded legislators to adopt a 90 percent increase in the personal income tax. Taft's poor showing, however, comes as he promotes across-the-board income tax cuts.

    Eric Rademacher, who conducted the survey on behalf of the University of Cincinnati's Institute for Policy Research, is quoted as saying “it really is difficult to find any positives in this Ohio Poll for Gov. Taft. Even among those identifying themselves with his party, his [favorable] rating is still under 50 percent.”

    Why is it, then, that the Republican caucus is still afraid to do the right thing for Ohioans in the General Assembly, even if it means a veto override? Why does Taft still have enough clout to have killed an amendment to House Bill 9 – legislation that deals with how records are released to the public - that would have closed the Media Access Loophole and protected, once and for all, CHL-holders’ private information, simply by threatening a veto?

    In 2003, the answer was obvious – then-President Doug White said term-limited Senators like himself were looking for "life after the legislature" – job appointments from Taft. They were trading their votes for a chance at a cushy state post. White got his appoinment.

    But the situation now is much different. When the next round of term-limits hits, it’s not just certain Senators and Representatives who will be jobless – it’ll be Bob Taft. For most Ohioans, according to this poll, that day cannot come soon enough.

    For once, gun-grabber (mostly) emails the truth. Good week for gun owners!

    Occasionally, emails from Toby Hoover, who often appears to be a one-woman show running the Ohio Coalition Against Gun Violence, require responses to correct the record. This week, her email speaks for itself (almost). It was a VERY good week for law-abiding gun owners in America.

      From: Ohio Coalition Against Gun Violence
      Sent: Friday, April 22, 2005
      Subject: Culture of Fear this week

      Ohio Coalition Against Gun Violence

      Alerts and Education

      This week's contributors to the culture of fear.

      US CONGRESS
      considering giving the gun industry unique legal protection, granting them immunity and depriving gun violence victims of legal claims against negligent manufacturers or dealers.

      PRESIDENT BUSH
      delivered a message by videotape to National Rifle Association Convention leaders as 3,000 people dined on steak with cognac sauce. He pledged to fight new gun control provisions and called on Congress to pass immunity for the gun manufacturers and dealers.

      TOM DELAY
      addressing the NRA convention and holding a rifle above his head, copied Charlton Heston, saying "From my cold, dead hands"

    We said almost for a reason. You see, Tom Delay did no such thing. Hoover wouldn’t know, because she wasn’t there. But the President of OFCC and Chairman of the OFCC PAC were there, and gave the following account:

    The NRA gives every keynote speaker a hand-crafted colonial-style flintlock rifle made by the same expert gunsmith.

    Rep. Delay was standing next to Kayne Robinson and Wayne LaPierre, who were both talking about the award. When the rifle appears, it was obvious Delay was shocked. He had literally no clue this was coming. You could tell from the way he was smiling from ear to ear, almost blushing. He kept looking at it in astonishment.

    They announced that the rifle will be placed in the NRA’s National Firearms Museum in Fairfax, VA (great place, go there). At that point the international press floods the stage and takes numerous photos. DeLay held it up once real high for the photos. He never said "From my cold dead hands". If he had, the entire room would have stood up screaming and clapping.

      TED NUGENT
      The AP reported that Nugent said the following while speaking to the NRA convention, " To show you how radical I am, I want carjackers dead. I want rapists dead. I want burglars dead. I want child molesters dead. I want the bad guys dead. No court case. No parole. No early release. I want 'em dead. Get a gun and when they attack you, shoot'em"

      FLORIDA LEGISLATORS
      passed a law to make it 100 percent legal to use deadly force as a self defense measure without any 'duty to retreat' and it is expected GOV JEB BUSH will sign it.

      OHIO ATTORNEY GENERAL JIM PETRO
      reported to be the next keynote speaker for the Ohio gun lobby's annual 'Party in the Park'. Last year's speaker was SECRETARY OF STATE KENNETH BLACKWELL

    Our correct name is "Ohioans For Concealed Carry." The fact is there are several other pro-gun lobbying and grassroots organizations in Ohio.

      Ohio Hamilton County Commissioner PHIL HEIMLICH claims you should 'walk the talk' and is getting his CCW license to carry.

      TUSCON ARIZONA SCHOOL DISTRICT
      considering cutting existing programs but giving high schools the option of adding a new class on how to shoot guns and the ARIZONA LEGISATURE and GOVERNOR for passing and signing a law allowing this semester elective.

      ARIZONA HOUSE OF REPRESENTATIVES
      For passing a bill to allow carrying concealed weapons in bars

      ICE CREAM TRUCK DRIVERS in Modesto, CA
      selling BB guns to children with their ice cream

      WEAPON FREE ZONE signs at www.ohioceasefire.org

      Ohio Coalition Against Gun Violence
      P.O. Box 1078
      Toledo, OH 43697
      info@preventgunviolence.org
      phone 419.244.7442

    Last week, University of Toledo Professor Brian Patrick appeared on NRANews to discuss the issue of media bias against guns. One of the examples he used was the prominence given by reporters to small anti-gun organizations. By way of example, he specifically mentioned Toby Hoover’s Ohio Coalition Against Gun Violence.

    According to Patrick, the Coalition is a “coalition of two” - Hoover and a secretary, operating out of a basement. Yet Patrick noted that Hoover is quoted in virtually every firearms-related story that is published in Ohio, and occasionally across the nation.

    Patrick said his research has revealed that Hoover receives her funding, “to the tune of fifty to one hundred thousand dollars a year”, from two vehemently anti-gun Foundations, Joyce and Tide, among perhaps others.