State ex rel. Patterson v. Ayers, 36581

• Decision Date: 21 December 1960
• Docket Number: No. 36581,36581
• Citation: 171 Ohio St. 369,14 O.O.2d 116,171 N.E.2d 508
• Parties: , 84 A.L.R.2d 1257, 14 O.O.2d 116 STATE ex rel. PATTERSON, Appellee, v. AYERS, Registrar, Bureau of Motor Vehicles, Appellant.
• Court: Ohio Supreme Court

Page 369

171 Ohio St. 369

171 N.E.2d 508, 84 A.L.R.2d 1257, 14 O.O.2d 116

STATE ex rel. PATTERSON, Appellee, v. AYERS, Registrar, Bureau of Motor Vehicles, Appellant.

No. 36581.

Supreme Court of Ohio.

Dec. 21, 1960.

Syllabus by the Court.

1. Generally, those records in the custody of public officials which have been designated 'public records' by the General Assembly are open to inspection by anyone at appropriate times, subject to the limitation that such inspection does not endanger the safety of the records or unreasonably interfere with the discharge of the duties of the officer having custody of the same.

2. One who applies to the Registrar of Motor Vehicles to inspect personally and copy data from a single registration and record of a motor vehicle in his possession, during office hours and at the registrar's convenience, is entitled to such inspection, and mandamus is an appropriate remedy to enforce such right.

This mandamus action originated in the Court of Appeals for Franklin County with Paul B. Patterson, an Ohio citizen, as relator and Clifford W. Ayers, Registrar of Motor Vehicles of the state of Ohio, as respondent. Relator seeks a writ ordering respondent to grant him, relator, during business hours and at the convenience of respondent, access to and inspection of the records pertaining to the registration number of a certain motor vehicle belonging to a named resident of Columbus, Ohio, in order that relator may ascertain creditors' interests, if any, in such vehicle and take such data from such records as he may wish.

Respondent interposed a demurrer to the amended petition, on the grounds (1) that such petition does not state facts constituting a cause of action and (2) that its allegations are insufficient to entitle relator to the relief prayed for. On hearing, the Court of Appeals 'ordered that the demurrer of the respondent to relator's amended petition be overruled; and respondent having elected not to plead further and being in default for answer it is further ordered that a writ of mandamus be issued to the respondent commanding him to allow the relator to inspect the names and addresses on drivers' license records and registration records of motor vehicles belonging to * * * [the named individual] without charge.'

An appeal as of right brings the cause to this court for review.

Mark McElroy, Atty. Gen., Richard F. Swope and Carl A. Bertoch, Columbus, for appellant.

John S. Zonak, Columbus, for appellee.

ZIMMERMAN, Judge.

So far as pertinent here, Section 4507.25, Revised Code (amended, 1959), recites:

'The registrar of motor vehicles may adopt and publish rules to govern his proceedings. All proceedings of the registrar shall be open to the public, and all documents in his possession shall be public records. * * * Upon the request of any person, accompanied by a fee of 50 cents per name, the registrar may furnish lists of names and addresses as such appear upon the applications for driver's licenses, provided that any further information contained in such applications shall not be disclosed.' (Emphasis supplied.)

Section 4503.26, Revised Code (amended, 1959), provides, inter alia 'The registrar may, upon application of any person and payment of the proper fee, search the records of the bureau and make reports thereof, and make photographic copies of the bureau records and attestations thereof.'

The statute then continues, stating the fees chargeable for the described services.

Section 4505.14, Revised Code (amended, 1959), reads in part:

'The registrar of motor vehicles, upon the application of any person and payment of the proper fees, may prepare and furnish lists containing title information in such form and subject to such territorial division or other classification as he may direct. The registrar may search the records of the bureau of motor vehicles and make reports thereof, and may make photographic copies of the bureau records and attestations thereof.'

Then follows a recitation of the fees chargeable for such services. Compare Section 4503.10, Revised Code.

In examining the quoted statutes, particularly Section 4507.25, Revised Code, it is apparent that all documents in the possession of the Registrar of Motor Vehicles are public records open to the public, and that the fees prescribed in such statutes are for services rendered and materials furnished by the registrar upon request. The statutes do not expressly prohibit personal examination of the records by a member of the...