FLASH: Temporary Restraining Order issued against City of Clyde

Ohioans For Concealed Carry has learned that Sandusky County Common Pleas Judge Harry A. Sargeant, Jr. has granted our request for a temporary restraining order, which prohibits the City of Clyde from enforcing Ordinance # 2004-41 (a concealed carry ban).

The City of Clyde has been ordered to remove its signs within 24 hours.

Text of the order can be reviewed by clicking on the "Read More..." link below.

Ohioans for Concealed Carry, Inc., et al.
Plaintiffs

vs.

City of Clyde, Ohio, et al.
Defendants

In the Sandusky County Common Pleas Court

Judge Harry A. Sargeant, Jr.

TEMPORARY RESTRAINING ORDER

This matter comes before the Court upon Plaintiffs’ written motion for a temporary restraining order under Civil Rule 65(A), and upon the affidavit and
verification submitted in support of said motion. Based upon said motion, the Court finds
as follows:

1. Plaintiffs stand to suffer immediate injury by virtue of City of Clyde Ordinance # 2004-41, which subjects their persons to arrest for performing actions for which they are licensed by the State of Ohio. Said injury will be
irreparable, since Plaintiffs cannot be “un-arrested”. Plaintiffs will suffer a deprivation of their liberty, public humiliation, scorn, ridicule, emotional distress, incur an arrest record that is public record, incur attorney fees and all
other impact upon their personal lives attendant to the criminal arrest of a person.

2. Defendants do not stand to suffer any economic harm or damages if the
restraining order is granted, as is contemplated under Civil Rule 65(C).

3. Plaintiffs have established that they have standing, are entitled to relief as prayed for, and have demonstrated a likelihood that they will prevail on the merits of the underlying case.

4. Plaintiffs have no adequate alternative legal relief, and seek to restrain actions by Defendants.

5. Plaintiffs have taken reasonable, repeated steps to communicate with Defendants about the underlying matter and the necessity for this order, and Defendants have failed to avail themselves of these opportunities to engage in discussions that could have avoided the necessity of this order.

6. Plaintiffs have in all ways met the conditions precedent to the issuance of a temporary restraining order under applicable law.

7. For the reasons set forth in these findings, and those set forth in Plaintiffs’ motion, said motion should be granted.

IT IS THEREFORE ORDERED, WITH REGARD TO CITY OF CLYDE ORDINANCE # 2004-41

1. Defendants, their agents, officers and employees, are restrained from any
enforcement actions of any nature against holders of a license to carry a concealed handgun issued under Revised Code Section 2923.125, 2923.1213,
or any concealed carry license issued by a state that has entered into a written
reciprocity agreement with the Attorney General of Ohio. For the purposes of
this order, enforcement actions shall include, but not be limited to: arrest,
concealed carry is illegal on park property, display of signs that purport to
limit licensed concealed carry, except as otherwise provided in Revised Code
Section 2923.16(B)(9), and any other conduct that may be reasonably
construed to have a chilling effect on the lawful concealed carry of a handgun
by those licensed as set forth above.

2. Within 24 hours of service of this motion, Defendant City of Clyde shall cause
the removal of all signs posted at city park property purporting to restrict the
carrying of a concealed handgun by those licensed as set forth above, except
that Defendant City of Clyde may continue to post signs purporting to restrict
the carrying of a concealed handgun as strictly enumerated in Revised Code
Section 2923.126(B)(9). Defendant City of Clyde may continue to display
any general “no weapons” signs on park property, so long as said signs
specify that they do not apply to anyone licensed as set forth above. For the
purposes of this order, “building” under Revised Code Section 2923.126(B)
shall mean a structure with solid walls and a roof.

3. Plaintiffs bond is ordered in the amount of
$120.00.

4. This order shall be operative until further order of this court.

5. The Clerk shall cause a certified copy of this order to be served upon Defendants at their addresses in the caption to Plaintiffs’ complaint.

Judge Harry A. Sargeant, Jr.
Sandusky County Common Pleas