Latest Fair stage collapse report won't be released

INDIANAPOLIS (WISH) - The Indiana Department of Homeland Security won't release the government report on the deadly collapse at the Indiana State Fairgrounds.

24-Hour News 8 first learned of the report during the May 10 meeting of the State Fair Commission. After the meeting, we requested a copy of the report. The Fair Commission told us to contact Homeland Security.

So we sent a formal request for the report on May 10. Fourteen days later, we were told the After Action Report is "non-disclosable," meaning it will not be released to the public. Indiana Code 5-14-3-4(b)6 was cited as the reason.

"What the law says is it doesn't provide that the records you sought are confidential,” said State Public Access Counselor Joe Hoage. “What it does provide is that the agency does have the discretion on whether to give that out."

The state had no problems releasing and discussing the first two reports on the collapse, in which two private companies, Thornton Tomasetti and Witt Associates, provided recommendations for the Fair Commission to follow in order to improve safety.

We're told the Homeland Security After Action Report does the same. Yet the state report won't be released.

"Why they are exercising the discretion not to disclose the report is something they would have to respond to," Hoage said.

We asked the Department of Homeland Security to respond. They have not replied to the requests.

State Sen. Jim Merritt, who sits on the Fair Commission, said the report includes sensitive information that needs to remain confidential for security purposes.

24-Hour News 8 has asked the state public access counselor to take a closer look at this case.