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Court rules donor names not public records

FRANKFORT, Ky. -- Names of financial donors to the University of Louisville Foundation should not be disclosed under the state's Open Records Act, the Kentucky Court of Appeals ruled Friday.

The three-judge panel's decision overturned a previous Jefferson County Circuit Court ruling that found that only the names of donors who had requested anonymity be exempt from public disclosure. The Courier-Journal of Louisville and the foundation have been involved in a legal dispute over the records since 2001.

"We conclude that the privacy interests of the donors to the foundation outweigh the public interest in disclosure and hold that all of the records should be held exempt from disclosure," Judge Julia Tackett of Lexington wrote in the court's opinion.

The newspaper was seeking records about the donors to the foundation and the McConnell Center for Political Leadership, which is named after U.S. Sen. Mitch McConnell.

Records that have been publicly released showed corporate donors to the center included those in the tobacco, energy and defense industries.

Jefferson County Circuit Judge Steve Mershon previously ruled that donors should not be exempt from public disclosure. Only those who requested anonymity should be withheld, the judge had ruled.

In the appeal, the foundation argued the opposite, that all donor records should be kept private. Meanwhile, the newspaper maintained all donor records should be public record.

However, the appellate panel disagreed.

"It does not matter whether a donor has specifically requested anonymity; the circuit court's logic in holding that a donor's request for anonymity somehow weighs in the analysis is flawed," Tackett wrote. "We believe that unless the donor specifically waives the right to privacy, it should remain protected whether requested or not."

Previously, the Kentucky Supreme Court had ruled the foundation is a public agency and is subject to the open records law.

The appellate panel ruled that because the foundation was a public agency, there "are other ways in which its operations may be scrutinized through the Open Records Act without impinging on the privacy interests of its donors."

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Court rules donor names not public records

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