DPS attorney Brian Wildermuth argued that the task force was not a public body and, therefore, not subject to the Open Meetings Act.
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Judge Richard Skelton said Thursday he would consider what he heard and review videos submitted by Esrati, adding that he would “determine where I think we’re headed and how before I do anything else.”
Skelton said he may reach a decision Friday and asked Wildermuth if a planned Tuesday meeting for the Dayton Board of Education could be pushed back. Wildermuth said he didn’t have the authority to do that and objected to Thursday’s hearing taking place.
Skelton rejected Wildermuth’s motion to dismiss the case with prejudice.
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Esrati questioned Dayton Public Schools Acting Superintendent Elizabeth Lolli and also was cross-examined by Wildermuth during the nearly 2½-hour, wide-ranging hearing.
Esrati asked why he was not allowed to go into schools while certain media outlets were — without cameras, purportedly to protect student identities, he said. Lolli said she didn’t consider Esrati a media member.
Esrati disagreed with that assessment. He said that regardless, “The open records law grants access to everybody. They missed that part.”
Esrati submitted for evidence emails he requested from Dayton Public Schools about the task force’s formation and videos of the day he tried to go on the bus tour plus news stories.
Wildermuth and Dayton city attorney John Musto reserved the right to object to some of Esrati’s submissions. Wildermuth also submitted items for evidence with no objection.
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Skelton repeatedly told Esrati he was giving leeway because the plaintiff wasn’t an attorney. Skelton sustained several defense objections for questions that were deemed not relevant.
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