IN THE SUPREME COURT OF OHIO

STATE OF OHIO ex rel. :

MEADE CONSTRUCTION, INC. :
:
13 N. Mill Street : Case No.
Lexington, OH 44904 :
:
Relator, :
:
v. :
:
COLUMBUS ZOOLOGICAL PARK :
ASSOCIATION :
:
D/B/A COLUMBUS ZOO & AQUARIUM :
:
4850 Powell Road :
Powell, Ohio 43065 :
:
P.O. Box 400 :
Powell, Ohio 43065 :

Respondent.

COMPLAINT FOR WRIT OF MANDAMUS

Respondent.
ORIGINAL ACTION

Mark Landes (0027227)

Matthew R. Aumann (0093612)
Caleb Fodor (0097196)
ISAAC, WILES, & BURKHOLDER, LLC
Two Miranova Place, Suite 700
Columbus, Ohio 43215
Telephone: 614-221-2121
Telefax: 614-365-9516
mlandes@isaacwiles.com
maumann@isaacwiles.com
cfodor@isaacwiles.com
Counsel for Relator
Meade Construction, Inc.
 1. The Columbus Zoo, after receiving nearly one billion dollars in taxpayer funds

squandered much of those funds through improper practices, questionable judgment, and lax

fiscal oversight. As revealed by an in-depth Columbus Dispatch investigation, the Columbus Zoo

and its board of directors failed to oversee its high paid executives, resulting in hundreds of

thousands of misspent dollars—on everything from pricey concert tickets to a recreational vehicle

put to personal use. New leadership at the Columbus Zoo now seeks to deflect attention from

these misdeeds, casting blame indiscriminately. Relator is just one casualty from this campaign

of distraction.

2. Despite public outcry and multiples news articles detailing what is easily the worst

scandal in the Columbus Zoo’s history, its leaders still desperately cling to secrecy. All this,

despite the wise admonition of former U.S. Supreme Court Justice Louis Brandeis, who famously

said, “sunlight is said to be the best of disinfectants.” Seeking to learn more about the Zoo’s

claimed effort to change its ways, Relator made a written public records request for a copy of the

new CEO’s contract. The Zoo denied the public records request, claiming it is not subject to

Ohio’s Public Records Act, R.C. 149.43.

3. The Columbus Zoo’s claim cannot be true: every year, the Columbus Zoo receives

nearly $20 million in taxpayer money, its employees participate in the taxpayer-funded Ohio

Public Employees Retirement System (OPERS), its board is mostly comprised of government

appointees, it operates on property owned by the City of Columbus and, most importantly, Ohio

law1 expressly defines the operation of a zoo or zoological park as a “government function.”

1
See R.C. 2744.01(C)(2)(u)(i); Wolanin v. Holmes, 8th Dist. Cuyahoga No. 88454, 2007-Ohio-
3410 (“The maintenance and operation of a zoo is a governmental function.”)
2
Therefore, this Court should allow the cleansing beams of sunshine to fall onto the operations of

the Columbus Zoo, and order Zoo leaders to stop hiding its actions from the public.

THE PARTIES

4. Relator, Meade Construction, Inc., is a construction company headquartered in

Lexington, Ohio. Andrew Meade is the owner and president of the company.

5. Respondent, the Columbus Zoo & Aquarium is the trade name of the Columbus

Zoological Park Association (“Columbus Zoo”), and is located at 4850 Powell Road, Powell, Ohio

43065.

6. The Columbus Zoo is a zoo or zoological park.

JURISDICTION

7. This Court has original jurisdiction over this complaint for a writ of mandamus

pursuant to Article IV, Section 2(B)(1)(b) of Ohio’s Constitution.

BACKGROUND

A. History of the Columbus Zoo.

8. Around 100 years ago, Harry P. Wolfe and then-Columbus Mayor James Jay

Thomas decided that the Columbus region should have a zoo. Mr. Wolfe first applied to the City

of Columbus for a zoo in 1920, but he was turned down. Nonetheless, the City of Columbus started

receiving exotic animals as gifts in an anticipation of a zoo opening.

9. The Columbus Zoo was then established on or about 1927.

10. This new zoo was established on city-owned park land created by the

O’Shaughnessy Reservoir at its current address.

11. Then, as now, the City of Columbus owns the land occupied by the Columbus Zoo.

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 12. Admission in the Columbus Zoo in the early 1930’s was free, the Columbus Zoo’s

employees’ wages were paid by the City of Columbus.

13. In 1937, the zoo was called the Columbus Municipal Zoo because it was part of the

City of Columbus.

14. Between 1937 and the 1970 the Columbus Zoo was part of the City of Columbus.

15. The Columbus Zoo decided to leave the City of Columbus, in part, as recently

explained by WOSU, to “allow them freedom from the Civil Service system of procedures.”2

16. However, from 1970 to 1986, the Columbus Zoo continued to receive public funds

from the City of Columbus General Fund.

17. The City of Columbus eventually sold the zoo to the Zoological Park Association,

but it retained many fixtures of being a public entity, including control by public authorities, the

receipt of taxpayer funds and membership in OPERS, a state pension fund for public employees.

18. Today, the Columbus Zoo, through its Board of Directors, is controlled by public

entities.

19. The Board of Directors includes six members appointed by the City of Columbus

and six members appointed by the Franklin County Board of Commissioners.

20. The Board of Directors currently includes Mayor Andrew Ginther, City Council

President Shannon Hardin, and Franklin County Commission President Kevin Boyce.

B. The Columbus Zoo has received nearly one billion dollars in taxpayer money.

21. The Columbus Zoo currently receives funds from a property levy collected by the

Franklin County Board of Commissioners.

2
Rebekah Lee, Curious Cbus: What Is The Early History Of The Columbus Zoo?, WOSU,
August 18, 2021, available at https://news.wosu.org/2021-08-18/curious-cbus-what-is-the-early-
history-of-the-columbus-zoo (last accessed April 7, 2022).
4
 22. The Columbus Zoo receives approximately $18 million per year from the Franklin

County Board of Commissioners.

23. Nearly a quarter of the Columbus Zoo’s annual revenue is received from taxpayers.

24. Over the last 50 years, the Columbus Zoo has received nearly one billion dollars in

taxpayer money.

25. The majority of the Board of Directors that control these public funds are appointed

by a public entity, and includes elected officials.

C. The employees of the Columbus Zoo are treated as public employees.

26. The Columbus Zoo’s employees were historically employed directly by the City of

Columbus.

27. In 1983, amendments to the Social Security Act forced all non-profit employees

(e.g., Columbus Zoo employees) to be enrolled in Social Security.

28. As reported by the Columbus Dispatch, however, the Columbus Zoo did not want

to have its employees enrolled in Social Security.3

29. The Columbus Zoo instead takes the position that it was a “public” nonprofit

organization that should remain part of OPERS, Ohio’s retirement system for public employees.

30. The Columbus Zoo, in making its request to OPERS, explained that it is an

“instrumentality of a political subdivision.”

31. The Columbus Zoo is still considered a public employer by OPERS.4

3
Alissa Widman and Jennifer Smola Shaffer, A 'public nonprofit': How much are taxpayers
allowed to know about Columbus Zoo operations?, THE COLUMBUS DISPATCH, June 21, 2021,
available at https://www.dispatch.com/story/news/local/2021/06/21/columbus-ohio-zoo-public-
nonprofit-structure-complicates-oversight-accountability-opers/7699710002/ (last accessed April
7, 2022).
4
OPERS Employer Data List. https://www.opers.org/members/employer-search/opers-
employers.pdf
5
 32. As a result, Columbus Zoo employees receive retirement benefits just like Ohio

political subdivision employees.

D. The Columbus Zoo tries to rehab image while it receives public funds.

33. In an effort to rebuild its public image, the Columbus Zoo hired a new CEO, Tom

Schmid.

34. Mr. Schmid was hired in 2021.

35. As part of his duties, Mr. Schmid gave interviews to local media entities, such as

WOSU and the Columbus Dispatch, among others, to try and regain confidence in how the

Columbus Zoo spends taxpayer money.

36. Mr. Schmid acknowledged to the Columbus Dispatch that the Columbus Zoo

receives a “wonderful amount of money from Franklin County”—meaning taxpayer money from

Franklin County taxpayers.5

37. Mr. Schmid also stated that, “I will likely be the most-scrutinized zoo CEO in the

country. And that’s OK. I welcome that.”

38. However, Mr. Schmid and the Columbus Zoo have limits on the scrutiny they

welcome.

THE REQUEST

39. On March 15, 2022, Andrew Meade, used an anonymous email account to make a

written public records request to the Columbus Zoo. Meade was upset over the lack of transparency

shown by the Columbus Zoo. See Affidavit of Andrew Meade, attached as Exhibit A.

5
Jennifer Smola Shaffer, Q&A with Tom Schmid: New Columbus Zoo CEO expects, welcomes
scrutiny after difficult year, THE COLUMBUS DISPATCH, December 16, 2021, available at
https://www.dispatch.com/story/news/local/2021/12/16/q-a-tom-schmid-new-columbus-zoo-ceo-
expects-welcomes-scrutiny/6484687001/ (last accessed April 7, 2022).
6
 40. Mr. Meade, through this account, made a request for (1) “The Columbus Zoo’s

Records Retention Schedule (RC-2)”; and (2) the “executed contract (including any exhibits)

between the Columbus Zoo and CEO Tom Schmid.” The request cited R.C. 149.43 and requested

“electronic copies of . . . public records.”

41. A true and accurate copy of the March 15 request is attached as Exhibit 1.

42. On March 16, 2022, the Columbus Zoo denied the public records request.

43. A representative of the Columbus Zoo, Nicolle Gomez Racey, said that it is “not a

public entity for purposes of the Ohio Public Records Act and, therefore, not subject to Ohio

Revised Code Section 143.49 [sic].”

44. A true and accurate copy of the March 16 denial is attached as Exhibit 2.

COUNT I
The Columbus Zoo is a “Public Office”

45. The Columbus Zoo is an entity established by the laws of the State of Ohio that

exercises a governmental function.

46. The Columbus Zoo meets the definition of public office contained in R.C.

149.011(A).

47. The Columbus Zoo is performing a government function, and in fact, the Columbus

Zoo has historically been part of a local government.

48. The Ohio Supreme Court has held that “[t]he mere fact that [the entity] is a private,

nonprofit corporation does not preclude it from being a public office.” State ex rel. Freedom

Communications, Inc. v. Elida Community Fire Co., 82 Ohio St.3d 578, 579, 697 N.E.2d 210

(1998), citing State ex rel. Toledo Blade Co. v. Univ. of Toledo Found., 65 Ohio St.3d 258, 260,

602 N.E.2d 1159 (1992).

7
 49. As a public office, the Columbus Zoo is required by the Public Records Act to

provide copies of public records upon request.

50. The Columbus Zoo received Relator’s public records request on March 15, 2022.

51. The public records request asked for public records, including an employee’s

contract and a record retention schedule.

52. On March 16, 2022, the Columbus Zoo denied that public records request without

providing any public records, asserting that the Columbus Zoo was not subject to Ohio’s Public

Records Act.

53. The Columbus Zoo therefore improperly denied the public records request by

refusing to provide copies of the requested records.

COUNT II (In the alternative)

The Columbus Zoo is the “functional equivalent” of a public office

54. If the Court were to determine that the Columbus Zoo is not a public office under

R.C. 149.011(A), the Columbus Zoo is still subject to the Public Records Act as the functional

equivalent of a public office under State ex rel. Oriana House, Inc. v. Montgomery, 110 Ohio St.3d

456, 2006-Ohio-4854.

55. The Ohio Supreme Court has held that a private entity is subject to Ohio’s Public

Records Act if it is the functional equivalent of a public office. The Court outlined the functional-

equivalency test to determine whether a private entity is the functional equivalent of a public office.

The factors outlined by the Court are “(1) whether the entity performs a governmental function,

(2) the level of government funding, (3) the extent of government involvement or regulation, and

(4) whether the entity was created by the government or to avoid the requirements of the Public

Records Act.” Id. at syllabus.

56. The Columbus Zoo performs a governmental function.

8
 57. The Columbus Zoo received nearly one billion dollars in public funds in the last 50

years and receives more than $18 million in taxpayer funds each year.

58. The Columbus Zoo is extensively involved with government, including two

different government entities who appoint many of its Board of Directors, the use of publicly

owned property to carry out its functions and its employee enrollment in OPERS.

59. The Columbus Zoo was initially created by the City of Columbus, and then later

was created by the government to avoid government regulations, such as the City of Columbus’

Civil Service laws.

60. The Columbus Zoo is the functional equivalent of a public office and is subject to

Ohio’s Public Records Act.

61. The Columbus Zoo received Relator’s public records request on March 15, 2022,

for records that are clearly public.

62. On March 16, 2022, the Columbus Zoo denied that public records request without

providing any public records, asserting that the Columbus Zoo was not subject to Ohio’s Public

Records Act.

63. The Columbus Zoo therefore improperly denied the public records request by

refusing to provide copies of the requested public records.

COUNT III (In the alternative)

The Columbus Zoo is a “quasi agency”

64. The Columbus Zoo carries out a governmental function, and was initially created

by a government.

65. The Columbus Zoo contracted with Mr. Schmid to carry out the governmental

function of management of a public asset, which has historically been overseen by the City of

Columbus and Franklin County, including through appointments to the Board of Directors.

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 66. The Franklin County Board of Commissioners and the City of Columbus, through

its appointees on the Board of Directors, manage the Columbus Zoo’s performance, including the

performance of Mr. Schmid.

67. The Franklin County Board of Commissioners and the City of Columbus, through

its appointees on the Board of Directors, may access Mr. Schmid’s contract.

68. The Columbus Zoo is a quasi-agency and is subject to Ohio’s Public Records Act.

69. The Columbus Zoo received Relator’s public records request on March 15, 2022,

for public records.

70. On March 16, 2022, the Columbus Zoo denied that public records request without

providing any public records, asserting that the Columbus Zoo was not subject to Ohio’s Public

Records Act.

71. The Columbus Zoo therefore improperly denied the public records request by

refusing to provide copies of the requested public records.

PRAYER FOR RELIEF

WHEREFORE, Relator prays that this Honorable Court:

A. Issue a writ of mandamus ordering Respondent to produce the requested public

records and to comply with the Public Records Act.

B. Grant Relator all costs of this action, including attorney’s fees.

C. Grant Relator such other and further relief as may be necessary and appropriate.

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Respectfully submitted,

/s/ Mark Landes

Mark Landes (0027227)
Matthew R. Aumann (0093612)
Caleb Fodor (0097196)
ISAAC, WILES, & BURKHOLDER, LLC
Two Miranova Place, Suite 700
Columbus, Ohio 43215
Telephone: 614-221-2121
Telefax: 614-365-9516
mlandes@isaacwiles.com
maumann@isaacwiles.com
cfodor@isaacwiles.com
Counsel for Relator
Meade Construction, Inc.

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Exhibit A
Exhibit 1
Exhibit 2