Ohio State Fair

A sub-forum for the purpose of discussing ORC 9.68 compliance. This sub-forum is strictly for the discussion of progress in individual cities and their respective parks.

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This sub-forum is strictly for the purpose of submitting of, and status updates related to, ORC 9.68 compliance. This could mean park bans, open carry bans, or anything that is a compliance issue. Note the format in which original threads were created. We'll track each individual case here and post updates if assistance is needed, etc. You may start a new thread here to notify us of a non-compliant scenario. Please try to research contact information for each city, village, etc, Email, fax, and postal addresses are great. Digital photos of infractions (Signs) are ideal. With limited exceptions this is NOT a discussion forum.

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cashman966
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Re: Ohio State Fair

Post by cashman966 »

pleasantguywhopacks wrote:
Second, if the buildings are cleaned and the trash emptied every day during the fair, seems to me that someone working directly or indirectly for the government is "regularly present", at least during the fair.
One can argue that they do this in the rest areas too. We get to use those. So I guess toilet scrubbers and trash collectors get a different standard. It is ridiculous that we can't carry in a building housing sheep and cows or other exhibits.

One could argue that but then they would get shot down with that pesky exemption for buildings that are used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility.
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Re: Ohio State Fair

Post by MyWifeSaidYes »

State senators and representatives, the Ohio Attorney General and the Franklin County Prosecutor were all of no help.

I'll contact the Ohio State Highway Patrol and the Ohio Inspector General next.

I don't think this is about ORC 9.68, but about ORC 2923.126. I'll post a new thread titled "Ohio State Fairgrounds" in an appropriate forum when I get more info.
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Re: Ohio State Fair

Post by johnisaly »

Concerning the gun buster signs that were posted at the free standing restroom near the Cardinal (main North parking lot) gate: The signs appeared to be printed on a film or vinyl transfer that was attached to a metal blank.

Late last week I noticed that the film or vinyl, that contained all the graphics/lettering, had been peeled off, leaving just the metal plate. And the answer is no, I didn’t do it on the sly. Hopefully the message got through to somebody over there.

Do to scheduling issues, I have not yet been able to make contact with the legal Sgt. at the Patrol, but I will eventually do so. I feel we will get better results with this backdoor approach than trying to tell the Top Dog what he is, or was, doing wrong.
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Re: Ohio State Fair

Post by johnisaly »

There seem to be some people here who do not believe that the Ohio Expositions Center (home of the State Fair) buildings are covered under ORC 2923.126(G)(3) I totally disagree with that interpretation. Here is why:

One cannot equate the State Fairgrounds to the numerous small, rural, county fairgrounds in Ohio. A visit to that facility on a weekday, at some time other than the State Fair, will prove this. There is a lot more that goes on at that venue than a 12 day fair.

From the Ohio Expo Center website:
Our versatile, 360-acre, 20-building complex can host almost any kind and size of event. From a small meeting to a large convention, from a sporting event to a concert and from a horse show to a black-tie celebration, the Ohio Expo Center is perfectly accommodating.
In 2010, The Ohio Expo Center hosted 155 nonfair events that covered a total of 343 event days. These events generated $5.6 million in operating revenue in 2010, representing 42.1% of receipts in that year. Although some of these events may only last a day or a weekend, many run much longer. There is considerable work performed by state employees to set up, tear down, and make utility modifications for such events, which can take considerable time to accomplish, both before and after each event.

The buildings commonly thought of as “only” animal barns during the Fair also contain, workshops, maintenance areas, offices, meeting rooms, etc. where full time state employees may work daily, or a least on a regular basis. The largest such “animal barn” is the Gilligan Complex. From the Expo Center website, here is a description of that building:
This utilitarian complex is designed primarily for livestock and equine events-and all the conveniences they'll need. But it adapts easily to provide a large area for just about any function, such as a trade show, consumer show or swap meet. It features over 1,000 horse stalls, 1,200 cattle ties, wash stalls, outside wash racks and a milking parlor. There's a parking deck for 750 cars. Food's right there in a 150-seat, air conditioned restaurant. Plus, you have access to showers, air-conditioned office spaces and two meeting rooms. We've made sure the Gilligan Complex is convenient and complete.
While some of these buildings may be used predominately to showcase/house animals at the Fair, that same building may very well be used for a trade show, or other type of event, the very next week.

There are employees working in those buildings year round. As soon as one event ends, buildings must be transformed to meet the requirements of the next event. It is an ongoing, year-round conversion of a multi use facility.

I do not have current numbers of fairground employees available, but below are a couple of links that show what the employment levels have been in past years.

In June 2005, the Expo Center employed 82 permanent, and 48 seasonal (not fair) employees. This figure does not include the approximately 1000 additional seasonal employees hired for the State Fair. See page 1 of the PDF:
http://www.lsc.state.oh.us/fiscal/fisca ... ga/exp.pdf" onclick="window.open(this.href);return false;

Also see ………
Ohio Expositions Commission Staffing Levels 2000 – 2005 (see page 7 of the PDF)
http://www.lsc.state.oh.us/fiscal/redbo ... se/exp.pdf" onclick="window.open(this.href);return false;

So as you can see, after the State Fair has concluded, the employment at this facility does not drop down to just a General Manager, his secretary, and a single janitor, all of whom sit in the administration building watching Oprah reruns.

While I would like to see all gun buster signs go down the toilet, the law is the law. I do not feel that the State Fairgrounds is/was violating the law except for the postings at the locations exempted in ORC 2923.126(B)(9); and by the garbage that most of the Troopers were spewing at the gate which I refer to as “Imaginary ORC 2923.126 (BS)”.

As I see it, except for the buildings at the State Fairgrounds that are exempted by (B)(9) the remainder of them do fall into the description stated in ORC 2923.126(G)(3). I cannot say the same for some of the buildings at many, if not most, county fairgrounds.

I feel the only way to make it legal to carry in all the buildings at any fairgrounds is to get 2923.126(B)(9) totally scratched from the books. That would be a tough nut to crack, but wouldn’t that be sweet. Personally I don’t think we will ever see that happen.

In addition, one would have to hope that the legislature did not instead replace it with a law, such as is on the books over in Indiana (and several other States) which specify no carry whatsoever at their state fair.
State of Indiana Code wrote:80 IAC 4-4-4 Deadly weapons prohibited
Authority: IC 15-13-2-9
Affected: IC 15-13-2; IC 15-13-7
Sec. 4. (a) This rule does not apply to a federal, state, or local law enforcement officer or to a person who has been employed or authorized by the state fair commission to provide security protection and services during the annual state fair.
(b) No person in possession of a deadly weapon shall be permitted onto or be permitted to remain on the fairgrounds during the annual state fair.
(c) Any deadly weapon found in the possession of a person while on the fairgrounds during the annual state fair is subject to immediate confiscation by law enforcement officers or other persons authorized by the executive director of the state fair commission.
(d) Any person properly licensed to carry a firearm must secure the firearm in a locked compartment of his or her vehicle, and it shall not be visible to passersby. (State Fair Commission; 80 IAC 4-4-4; filed Jul 7, 2003, 3:15 p.m.: 26 IR 3538; readopted filed Oct 4, 2007, 10:29 a.m.: 20071024-IR-080070451RFA)
That could happen here if we get too pushy. Remember the saying; “Don’t cut off your nose to spite your face.”

Just my opinion…………………I have been wrong before (many more times than I want to admit!) :oops:
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Re: Ohio State Fair

Post by MyWifeSaidYes »

I would think that the state workers present at most buidings during the setup and teardown of events would be janitorial, maintenance (electrical, plumbing, etc.) and law enforcement (You won't get the administrators away from Oprah).

During most events I've attended on the fairgrounds, I did not see anyone appearing to be a state employee in the building unless an event organizer called them. Somebody has to refill the toilet paper dispensers! The only exception I've noted is the Celeste Center (they all want to watch the shows for free?).

That just doesn't sound like employees "regularly are present" at each building, so the buildings should not be posted, IMHO. (Celeste Center and admin building excluded)

If the state owns a parking facility and also employs the attendant(s), that facility CAN NOT be posted even though that attendant is "regularly present".

If infrequent visits (hourly, daily, weekly) to a building DO count as "regularly present", and janitorial, maintenance, law enforcement, DOT personnel, etc., visit highway rest areas and park shelters, those sites still can not be posted.

I think the exemptions for shelters, bathrooms and parking areas weakens the claim that the buildings at the Ohio Expo Center are off-limits - specifically during a state sponsored event like the Ohio State Fair.

I'm not a lawyer and I don't want to be one. I was with a friend who was carrying at the fair and she didn't think it was 'fair' that she could CC in the open :? but not in a building. Especially when it started raining!

Since this was an OSHP interpretation of the law, Can't we take baby steps to change their interpretation without having to change the law (yet)?
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Re: Ohio State Fair

Post by cashman966 »

MyWifeSaidYes wrote:I would think that the state workers present at most buidings during the setup and teardown of events would be janitorial, maintenance (electrical, plumbing, etc.) and law enforcement (You won't get the administrators away from Oprah).

During most events I've attended on the fairgrounds, I did not see anyone appearing to be a state employee in the building unless an event organizer called them. Somebody has to refill the toilet paper dispensers! The only exception I've noted is the Celeste Center (they all want to watch the shows for free?).

That just doesn't sound like employees "regularly are present" at each building, so the buildings should not be posted, IMHO. (Celeste Center and admin building excluded)

If the state owns a parking facility and also employs the attendant(s), that facility CAN NOT be posted even though that attendant is "regularly present".

If infrequent visits (hourly, daily, weekly) to a building DO count as "regularly present", and janitorial, maintenance, law enforcement, DOT personnel, etc., visit highway rest areas and park shelters, those sites still can not be posted.

I think the exemptions for shelters, bathrooms and parking areas weakens the claim that the buildings at the Ohio Expo Center are off-limits - specifically during a state sponsored event like the Ohio State Fair.

I'm not a lawyer and I don't want to be one. I was with a friend who was carrying at the fair and she didn't think it was 'fair' that she could CC in the open :? but not in a building. Especially when it started raining!

Since this was an OSHP interpretation of the law, Can't we take baby steps to change their interpretation without having to change the law (yet)?
Government owned buildings that are used primarily as rest areas, shelters, bathrooms or parking facilities are specifically exempted to allow carry in the ORC, that is why we can carry there even with government employees regularly present.

These exemptions do not suggest that because the only state employee who happens to be regularly present is a maintenance worker or janitor means you can carry in buildings that do not meet the exemptions.

There is not much room for interpretation other than what regularly present means, and it really isn't up to the OSHP to interpret that, it is up to the courts. Plain and simple the law needs to be eliminated.
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Re: Ohio State Fair

Post by Chuck »

johnisaly wrote:Another novel……….

I met with these same 3 troopers Wednesday night. One of them had emailed a Sgt. whose regular duty assignment is a legal post at the patrol academy. The Sgt. (an attorney) advises, teaches, and makes determinations about legal issues for the patrol.

The Trooper let me read the email he had sent asking for a legal opinion about my claims. He then showed me the Sgt.’s reply. The reply email from the Sgt. stated that everything I claimed is 100% accurate, and that the dedicated rest rooms & shelters on the fairgrounds should not be posted; that legally carried firearms should not be prohibited in those types of buildings. The Trooper then shook my hand and said, “You were right, I was wrong” & “go right ahead and use that restroom any time you want.”

Even though I feel it would be unwise to try to open carry at the fair at this time, I asked him what would happen if I open carried into the rest room. He said that they would probably ask me to cover-up. I asked “what if I didn’t want to cover up, or what if I did not have a CHL and could not legally cover up?” He said, “Well open carry is legal, so that would not be a violation.” That said, I think it would be unwise for anyone to attempt OC there until we could get that in writing.

Of course the signs are still up, and realistically there are still about 300 other Troopers on that fairground that will put a size 12 boot print on the back of your head if they catch you carrying into the buildings in question.

I asked him how to get the signs down and how to get all those other Troopers on the same page? He wasn’t sure what the next step should be, so I asked for the Legal Sergeant’s name. He gave it to me and told me where I can call to get into contact. I will attempt to make contact with this Sgt. in the near future. This will ultimately also have to involve getting the Fair administration to understand what is, and what is not, legal. I figure that will be a much easier task if it initially comes from somebody with authority from the patrol, as opposed to it coming from some old fart like me that has french fry grease dripping off his beard.

If nothing else comes of this, at least those 3 Troopers from Cuyahoga, Fulton, & Mahoning Counties will return to their home posts after the fair and will hopefully share their newfound wisdom with their comrades there.
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Re: Ohio State Fair

Post by johnisaly »

Thanks!
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Re: Ohio State Fair

Post by wkdravenna »

If 100 people showed up and carried on, its unlikely they would choose to react. Its not so bad in ohio we have some freedoms thankfully not as bad as say NYC or Chicago. But maybe the tide could keep shifting our way little by little.
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Re: Ohio State Fair

Post by roughsawn »

Been reading this thread, and some earlier threads with interest as I don't live far from the fairgrounds, and probably will attend again this year. Has it ever been determined that going to a stand alone restroom could lead to an arrest? Or is it allowed now? And if it's not allowed yet, does anyone know the ramifications for urinating in public? :wink: Just curious, commercials are already on the radio, and I love fair food!
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Re: Ohio State Fair

Post by pleasantguywhopacks »

roughsawn wrote:Been reading this thread, and some earlier threads with interest as I don't live far from the fairgrounds, and probably will attend again this year. Has it ever been determined that going to a stand alone restroom could lead to an arrest? Or is it allowed now? And if it's not allowed yet, does anyone know the ramifications for urinating in public? :wink: Just curious, commercials are already on the radio, and I love fair food!
It was always allowed, it was just threatened ( illegally) to arrest you. They have now said according to last word they get it. Any restroom dedicated as such can't be off limits.
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Re: Ohio State Fair

Post by MyWifeSaidYes »

It's getting to be that time again.

Shall we schedule an open-carry day? (with CHL's, of course)
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Re: Ohio State Fair

Post by cisco7200 »

Has any one with CHL been to the fair yet? How was you CHL received? Was there a lot of stand alone restrooms? Did you see the signs posted? Where?
I ask because I am getting ready to go this week.

Thanks.
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Re: Ohio State Fair

Post by MyWifeSaidYes »

Process from last year:

You walk through the metal detector and set it off.

You then notify the trooper that you have a CHL and are armed. Have your CHL and ID ready.

They will tell you about not entering any building while armed, and that the only bathroom you can use is the dedicated, stand-alone bathroom at the north gate.

That's it.
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Re: Ohio State Fair

Post by Javelin Man »

Excellent. A couple years ago, my daughter and I walked through and the trooper told us we had to put our pocket knives in our pockets. Our clips were showing on the outside of our pockets! The horrors!
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