Wooster has "No firearms" in parks law!!

[Fyr_Capn]

I applaud law director Benson & council person Knapic for taking action on this issue but....

From the Daily Record Article:
(emphasis mine)

Barbara Knapic, ward 2 council member and chair of the laws and ordinances committee, said the issue was brought to the city's attention that its local ordinances were not in line with two recent rulings by the Ohio Supreme Court..........

Correct me if I'm wrong but the preemption took effect in 2004. Clyde was ruled on by the Ohio Supreme Court in 2008 and Cleveland Heights was settled out of court in 2011. In my mind the only one that could even remotely be considered recent is Cleveland Heights.

The feelings of “outrage, appalled & disappointment” should be directed towards elected & employed City officials for not keeping up with changes in the law that could have potentially cost the citizens of Wooster tax money defending the City against a lawsuit.

[Werz]

Correct me if I'm wrong but the preemption took effect in 2004. Clyde was ruled on by the Ohio Supreme Court in 2008 and Cleveland Heights was settled out of court in 2011. In my mind the only one that could even remotely be considered recent is Cleveland Heights.

Not Cleveland Heights. Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318. The syllabus clearly states the effect of the preemption statute:

R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority. (Emphasis added) Id., at the syllabus.

[Fyr_Capn]

Thanks for keeping me straight Werz.

[MyWifeSaidYes]

When's the next meeting, and can non-residents speak?

[Werz]

When's the next meeting ...

November 5, 2012, 7:00 p.m.

... and can non-residents speak?

I'm not certain. Given the Law Director's response to your initial inquiries, possibly not. The more relevant question: Would it be truly beneficial?

[JSLACK7851]

Every citizen is welcome to join the council meetings that take place on the first and third Monday of each month. The meeting begins at 7:30 with citizen input to follow.

http://www.the-daily-record.com/local%2 ... blic-parks" onclick="window.open(this.href);return false;

City Hall
538 N. Market St.
Wooster, Ohio, 44691


Its a little over a hour and a half for me. 61.9 mi, 1 hour 34 mins
US-250 E

I sent Councilman David Silvestri a e-mail, asking if he thought there would be any problem getting the ordinances changed. I also offered volunteers to go to the council meeting if need be, and links to Cleveland vs. Ohio, OFCC vs. Clyde. There may not be a need to drive there, I'll post any response.

[Werz]

Every citizen is welcome to join the council meetings that take place on the first and third Monday of each month. The meeting begins at 7:30 with citizen input to follow.

http://www.the-daily-record.com/local%2 ... blic-parks" onclick="window.open(this.href);return false;

Appear, yes. Speak, I don't know. Once again: Would it be beneficial? Is speaking just to say you spoke always a benefit?

[JSLACK7851]

Every citizen is welcome to join the council meetings that take place on the first and third Monday of each month. The meeting begins at 7:30 with citizen input to follow.

http://www.the-daily-record.com/local%2 ... blic-parks" onclick="window.open(this.href);return false;

Appear, yes. Speak, I don't know. Once again: Would it be beneficial? Is speaking just to say you spoke always a benefit?

Just to say I spoke? I didn't speak in Alliance, I didn't need to. I have no experience with public speaking, although I'm not afeared to do what needs to be done either. I'd be more than happy to show up for support, I'd make that drive in a heartbeat. I don't think, as of now, it will be necessary. I believe they have all the information necessary to make the right choice.

Are you volunteering to go? I couldn't be sure, but I know you're better qualified.

As of now I haven't heard back from Councilman David Silvestri yet.

[Werz]

Every citizen is welcome to join the council meetings that take place on the first and third Monday of each month. The meeting begins at 7:30 with citizen input to follow.

http://www.the-daily-record.com/local%2 ... blic-parks" onclick="window.open(this.href);return false;

Appear, yes. Speak, I don't know. Once again: Would it be beneficial? Is speaking just to say you spoke always a benefit?

Just to say I spoke? I didn't speak in Alliance, I didn't need to. I have no experience with public speaking, although I'm not afeared to do what needs to be done either. I'd be more than happy to show up for support, I'd make that drive in a heartbeat. I don't think, as of now, it will be necessary. I believe they have all the information necessary to make the right choice.

Are you volunteering to go? I couldn't be sure, but I know you're better qualified.

As of now I haven't heard back from Councilman David Silvestri yet.

I apologize for not making myself clear. Yes, I will be there. Yes, I intend to address city council.

This one is more personal for me, so I would like it to go smoothly. The law director, the council president, and the laws & ordinances chairperson are all licensed attorneys, each with more than 25 years of experience. The law director and council president have both known me for about 25 years. They know I am a resident of the city, and they know that I know criminal and constitutional law at least as well as they do. They know that, if they ask questions, I will be able to answer them.

Would I like others to attend? Yes. I expect at least one councilperson to express his displeasure (as was noted by the local newspaper), but that may be the limit of the resistance. However, someone may ask, "What will happen if we just decide not to amend the ordinance?" That's when I can look at all the empty-holstered open-carry proponents and describe what it might be like to have an open carry event in Christmas Run Park.

[JSLACK7851]

Would I like others to attend? Yes.

Mr. Werz, you have the floor. Sounds like you expect fireworks, should be interesting.

+1

[Cruiser]

Will they allow you to record this?

[BriKuz]

My wife and I are halfway between Creston and Wooster, but we're in town all the time... So, we should be able to make the meeting... with empty holsters, of course... perhaps my wife will breastfeed our daughter just to give them something ELSE to talk about lol

[Werz]

My wife and I are halfway between Creston and Wooster, but we're in town all the time... So, we should be able to make the meeting... with empty holsters, of course... perhaps my wife will breastfeed our daughter just to give them something ELSE to talk about lol

Public exposure of bare breasts has already been litigated in Wayne County courts. It does not constitute Public Indecency under R.C. 2907.09.

[BriKuz]

My wife and I are halfway between Creston and Wooster, but we're in town all the time... So, we should be able to make the meeting... with empty holsters, of course... perhaps my wife will breastfeed our daughter just to give them something ELSE to talk about lol

Public exposure of bare breasts has already been litigated in Wayne County courts. It does not constitute Public Indecency under R.C. 2907.09.

I know, plus it being protected by state law... that was more being facetious than anything

[Werz]

Just a reminder:

Wooster City Council will meet Monday, November 5, 2012, 7:30 p.m. I will be appearing and speaking in favor of Ordinance No. 2012-027, which will amend Codified Ordinance 539.03 to remove firearms from the items prohibited in city parks. I thought I should mention that for those who expressed an interest in attending that meeting.

It also occurred to me that the short memorandum which I used in addressing Alliance City Council, and which I intend to use in addressing Wooster City Council, might be of assistance to others. Therefore, I will be posting a separate thread with a link to that memorandum in the Ohio Firearms Politics & Legislation forum.