Section 9: Clyde officials squirm; Cleveland, Willougby & Hamilton back down

July 14, 2004
Fremont News Messenger

Clyde faces gun fight
Group threatens suit if city doesn't rescind weapons ban in parks

CLYDE -- City officials continue to receive outside pressure to rescind an ordinance enacted by city council last month banning weapons from city parks.

The most recent threat has come from Ohioans for Concealed Carry, a Second Amendment advocacy group, which, in a letter received by the city last Friday, advised administrators to repeal the ordinance or be prepared to go to court.

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"We will be suing Clyde if you do not immediately rescind this ordinance," the letter said. "The mere presence of your ordinance is actionable ... Clyde should consider this opportunity the last clear chance to avoid litigation."

Clyde is one of several communities statewide that has passed such an ordinance on the heels of the Ohio's concealed-carry law going into effect April 8. All of those communities have received letters similar to the one sent to Clyde and, thus far, have taken heed to the group's threats.

"The majority of the cities that have received the letter have either not passed the ordinance or have rescinded the ordinance," said Ken Hanson, legal council for OFCC. "We want a response from Clyde within the next couple weeks with the idea we'll be filing (lawsuits) the first week of August."

So far, Clyde has been silent.

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

Mayor Dan Giebel and City Manager Dan Weaver said at council's regular meeting last week -- before the letter was mailed -- the city would not comment publicly on the issue and said they wouldn't respond to threats. On Friday, after reading the letter, Weaver said the city would discuss a plan of action after Solicitor Barry Bova had a chance to review it.

"He's kind of our guiding light on this," Weaver said.

Bova did not immediately return messages placed to his Bellevue law office.

When council passed the ordinance, officials said it was legal because, as a charter government, they could invoke their home rule powers to make state laws more restrictive. But OFCC's letter state's Clyde's "reliance" on home rule is "misplaced," stating that the ordinance is "in conflict with general laws of the state."

The letter included a statement from Kim Norris, spokeswoman for Attorney General Jim Petro's office, in which she said, "If you are a licensed conceal-carry holder, you should be allowed to carry in a park."

Said Weaver: "Even though they're quick to quote the attorney general's office, the attorney general himself hasn't given a written opinion on this matter."

But on Monday, Norris said Petro's office would not issue an official opinion on the matter, reiterating that, as the law is written now, guns should be allowed in city parks.

"Our interpretation is that they probably should be able to carry in a park," she said. "Perhaps the law will be challenged in some areas and this is one of them. If a city does pass an ordinance (banning guns in parks), that could be challenged and would be up to the courts to decide."

Ideally, Hanson said, it wouldn't have to go that far.

"I hope it doesn't have to go to court," he said. "I'm hopeful they'll voluntarily decide to rescind their ordinance. I'm in private (law) practice and I've got bills to pay and things to do. The last thing I want to be doing is going around suing municipalities. And I'm sure these municipalities have better things to do and better ways to spend their money."

But, Hanson added, if the city continues to refuse to budge, OFCC will go as far as it has to.

"It just seems that Clyde hasn't listened to anything they've been told so far. There's nothing I'd like more than dialogue. The issue will be brought to a head one way or another."

Commentary:
While Clyde, Arcanum and one or two others have passed ordinance in clear violation of the law, many other cities and villages are simply "bluffing" - posting signs which have no legal enforcement provision on the books. OFCC is working to compile a list of these Section 9 "bluffers", and will make it available here in the near future.

The City of Willougby is the latest to back away from their bluff:

----- Original Message -----
From: "Anderson, David" ([email protected])
To: [email protected]
Sent: Wednesday, July 14, 2004 7:28 AM
Subject: RE: concealed weapons ban

Chad:

City Council agreed last night that the ban on weapons in our parks will be lifted and the "no guns" signs will be removed. This will happen today.

Obviously this is new territory for us, as it is for other cities. We were trying to respond to concerns from some of our citizens, but we understand that we need to comply with the ORC in this matter.

Dave

The City of Hamilton's Law Director has also informed OFCC's Collin Rink that they will review placement of signs to ensure they are in compliance with House Bill 12, and advise the parks director about
better and proper placements. She also confirmed that City Police have been properly informed that carry in a park is
legal, but into the park buildings is not. Proper sign placement is on the way in Hamilton.

After spotting a "No-Guns" sign in a City of Cleveland Municipal parking lot, an OFCC supporter contacted the city's Assistant Law Director, Gary Travis. According to the OFCC supporter, Travis has confirmed that the signs have been taken down and that the city plans on following state law.

The state of Ohio prohibits all persons from driving cars on public roads unless they have a valid license. If they have a valid license, they may drive a car, so long as they comply with all of the rules and regulations the State of Ohio places on drivers. Municipalities may pass laws that are not in conflict with State laws - i.e. they can tweak speed limits, put up stop signs, etc. Does anyone think that Clyde would have the power to declare that persons' holding an Ohio Driver's licenses cannot drive on their municipal roads?

Click here to donate to OFCC's Ohio Concealed Carry Law Defense Fund.

Related Stories:
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Fremont News Messenger applauds passage of illegal ordinance

OH Attorney General's office: ''Local ordinances [banning CCW] are NOT VALID''