Letter to the Editor: Youngstown Police - Abuse of Power?

9:19am Wednesday, November 19, 2003

The following letter was written by OFCC Mahoning County Coordinator and Youngstown 'Defense' Walk Organizer Rick Kaleda.

Youngstown Vindicator
November 17, 2003

Oh what a difference two blocks and 4 hours can make!

That is the approximate distance and amount of time that separate the 75+ participants of the Youngstown 'Defense' walk and Joseph Wilhelm, the YSU ROTC cadet who faced the drawn weapons of YPD for being suspected of doing the very same thing - breaking no law at all!

The Ohio Supreme Court recently (September 24th 2003) upheld that Ohio’s law banning Concealed Carry was perfectly constitutional as citizens could LEGALLY carry firearms as long as they were not concealed. The ban on concealed carry is not a prohibition on bearing arms but simply a restriction on how that may be done.

The participants in the “Defense walk” intended to “educate” the population in a display of just this fact. This was done with law enforcement’s knowledge, presence and even the signature of the police chief himself on the required “Parade Permit” I myself obtained to hold the event. This was not a permit granting the right for the presence of firearms, but instead the fact that we would be an assemblage.

A short time and distance later Wilhelm was certainly not an assemblage. He would not have been breaking the law if he were guilty of what he was suspected of. Yet the same police department confronted Wilhelm, weapons drawn because they suspected that the stick he carried was a shotgun.

It is often said that ignorance of the law is no excuse for breaking it” but what if those ignorant of the law are the police?

Click on the "Read More..." link below for more.

There should certainly be no excuse, and such a threat to our safety. I am not surprised at this incident, since the Police Chief himself suggested such would be the case in a conversation with several walk participants.

Is this man above the law? Is his disagreement with the law an excuse for abusing his power? It is my understanding that the Police have a duty and are bound to UPHOLD the law, it is the legislator and the people who “make” the laws. That same duty should protect the citizenry from undue harassment by those bestowed our trust, to protect and serve us. There are many of us who disagree with the law, the proper method of addressing disagreements should be with the legislature.

This incident is sign that something has failed. The Ohio Supreme court clearly pointed out on September 24th that Ohioans have the legal right to carry weapons AS LONG AS THEY ARE NOT CONCEALED. The Youngstown Police, or at least the police Chief knew it was legal, he himself signed the “Parade permit” required to hold the “Defense walk”, he witnessed and video taped the event himself (standard procedure he says) and no one was arrested.

In the article on the Wilhelm event YSU and YPD Chiefs are quoted as saying “Officers acted appropriately”. This is nonsense, based on the facts stated in the article. Since when is it appropriate for an officer of the law to protect and serve us by drawing a gun on a citizen not even suspected of breaking the law, simply because of that officer's ignorance of the law? Remember, ignorance of the law is NO EXCUSE. And to knowingly act otherwise, would simply be an abuse of power.

Rick Kaleda
Youngstown

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