The attorney general of Oregon on Friday ordered release of the identities and addresses of most of the state’s 83 confirmed deaths from hyperthermia during last month’s heat wave.
The Oregonian/OregonLive, as well as other media, sought the information to independently analyze the circumstances of individual deaths and how the safety net failed so many Oregonians. The state medical examiner had denied media requests for the information, citing the state public records law that makes them conditionally exempt from disclosure.
That law, however, does allow disclosure if the public interest requires it, and The Oregonian/OregonLive argued it did in this instance. It appealed the medical examiner’s denial to the Attorney General’s Office, which agreed public disclosure was warranted.
“Disclosure will help inform the public about the impact of this historic event on affected communities, help the public assess the government’s preparedness and responsiveness, and facilitate the development of appropriate public policies that anticipate future extreme climate events,” the order said. It was signed by Deputy Attorney General Frederick M. Boss.
The Oregonian/OregonLive, which was represented by Stoel Rives law firm, separately sought similar information from Multnomah County’s medical examiner on deaths there. The county denied the newsroom’s request, along with requests from other news organizations, which appealed to the district attorney.
On Monday, District Attorney Mike Schmidt wrote that he agreed with the attorney general’s ruling and granted the news organizations the same access.
“The petitioners provided thorough and compelling briefings on the unique public interest in these particular deaths,” he wrote, adding that the appeal filed on behalf of The Oregonian/OregonLive and The Portland Tribune was “detailed and well-reasoned.”
The state examiner had confirmed at least 83 cases of death were due to hyperthermia. Separately, more than 30 other suspected heat deaths remain under investigation and have not been confirmed. Only the confirmed cases are subject to the order. Six cases in which family members of the victims have not yet been notified of the death can be held back, the order said.
The state medical examiner had argued its records should be kept confidential to avoid a chilling effect in future death investigations that may require family cooperation. The office noted several families had asked that the information be kept private.
The state medical examiner had no immediate comment Friday evening, said Oregon State Police Capt. Tim Fox, speaking for the medical examiner’s office. The order requires compliance within seven days unless the agency decides to fight it in court.
It remained unclear Monday when the records will be released.