From The Pendulum (3/8/13): The North Carolina Supreme Court voted 3-3 today on a North Carolina Court of Appeals ruling that North Carolina Public Records Law is not applicable to state-commissioned police departments of private universities within the state. The tied vote leaves the appellate court ruling undisturbed.
The June 2012 appellate court ruling upheld and extended a decision of the Durham County Superior Court to dismiss a complaint filed in April 2011 by former ¸£ÀûÑÇÖÞ¹ú²ú¾«Æ· student Nick Ochsner. In his complaint, Ochsner argued the Elon Campus Safety and Police Department violated the North Carolina Public Records Law by refusing to provide documents related to a fellow student’s arrest.
Although the appellate court ruling was upheld in the Supreme Court, it stands without precedential value. Ochsner said he considers this a glimmer of hope in a disappointing outcome.
“This is not the direction I thought the court would go, not with the energy I’ve felt behind the case regarding open government and open access,” he said. “However, this decision comes with a silver lining. Basically, no one wins. Elon doesn’t have to give me anything else, but the Court of Appeals decision does not set a precedent.”