Ohio Supreme Court refers request to unseal Gibsons v. Oberlin College evidence to mediation

The Ohio Supreme Court has referred to a mediator a request by several media outlets and support organizations to unseal evidence in the lawsuit by Gibson's Bakery in Oberlin against Oberlin College. WEWS-TV in Cleveland and other petitioners had requested a writ of mandamus from the Ohio Supreme Court to force Lorain County Common Pleas Judge John Miraldi to release photos of Facebook posts by Allyn D. Gibson, the son and grandson of the owners of Gibson's Bakery, that were included in an exhibit during the 2019 civil trial, but never introduced in court. An attorney for The Reporters Committee For Freedom of the Press joined WEWS-TV's request for a writ, according to court documents filed July 15. The state's highest court "refers this case to mediation ... and stays all filing deadlines for this case until further order of this court," Chief Justice Maureen O'Connor wrote in a brief decision handed down Thursday. "The court will not issue any decision on the merits of this case until mediation has concluded." The suit against Oberlin College ended in June 2019 with a jury finding in favor of the Gibsons for more than $35 million in damages and attorney fees for libel and interference. Both sides have since appealed and are awaiting a decision on the matter from the 9th District Court of Appeals in Akron. In those documents, attorneys for the news organizations argued neither the Gibsons nor Oberlin College presented arguments to Miraldi to justify sealing Exhibit G, containing photos of Allyn D. Gibson's Facebook posts. Miraldi denied a request by Oberlin College attorneys to make the evidence public in September 2019. Because Miraldi sealed it from public view, it remains unclear what the exhibit contains except more than 30 pages of Allyn D. Gibson's Facebook posts. Miraldi had ruled there was "no less restrictive alternative to complete restriction" of access to the evidence, according to court documents, but according to the petitioners failed to identify "what risks of injury, privacy interests, or harms to the fairness of the adjudicatory process might potentially be affected by unsealing Exhibit G, nor did it identify or make specific findings as to why or how continued sealing of Exhibit G is essential to preserve those interests." Miraldi again denied, in an April 2020 ruling, a request by WEWS-TV, Advance Ohio — owner of the Plain Dealer and Cleveland.com — and the Ohio Coalition for Open Government and several other media organizations and outlets to publicly release the evidence. WEWS-TV appealed that ruling to the 9th District Court of Appeals in June 2020, an appeal that was denied without a hearing on June 17 this year. The appeals court ruled it was outside its jurisdiction to consider the matter and said it was more suited to a writ of mandamus filed with the Ohio Supreme Court, according to court records. Allyn D. Gibson was not a party to the lawsuit filed by the bakery, his father David and grandfather Allyn W. "Grandpa" Gibson. Oberlin College did not call the younger Allyn Gibson as a witness at trial in 2019, though his father and grandfather both testified. Miraldi previously wrote that the material in the exhibit "largely pre-dates the events giving rise" to the lawsuit, though he had allowed the posts to be introduced as character evidence regarding the younger Allyn Gibson. Attorneys for the Gibsons argued that Oberlin College "waived any argument that these materials were admissable" by failing to attempt to introduce them as evidence. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com. Follow him @daveobrienCT on Twitter.