The Associated Press

FRANKFORT - A judge's order for an animal rights activist to bring his own copier and paper if he wanted public records from a Greenup County shelter was overturned Friday by the Kentucky Court of Appeals.

The court said a public agency, if asked by someone outside the county, has to supply copies of records by mail upon payment of fees for copying and postage.

The ruling was in favor of Randy Skaggs, founder of the Trixie Foundation, an animal shelter at Webbville in Elliott County.

Mr. Skaggs came to the public's attention by using the Kentucky Open Records Act to file requests in all 120 counties for animal-shelter records. Mr. Skaggs contends many counties are not complying with Kentucky's animal-control laws.

Several county agencies resisted his requests, including the subject of the court's ruling - Tri-County Animal Control Center, based in Greenup County.

Greenup County Circuit Judge Lewis Nicholls ruled in May 2001 that Mr. Skaggs had a right to access the records but would have to bring his own copier and paper. Judge Nichols said Tri-County would provide the electric power.

Besides vacating that order, the appeals court sent the case back for a hearing on whether Tri-County had deliberately withheld records and should be penalized.

Judge Daniel Guidugli of Newport wrote the opinion, joined by Judges Rick Johnson of Mayfield and Joseph Huddleston of Bowling Green.