Columbiana County Fairgrounds

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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CousinCarl
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Columbiana County Fairgrounds

Post by CousinCarl »

I had a chance to drive by the fairgrounds today and thought I would stop to see if they were posted. Well, I didn't have to get out of my car, I didn't have to even slow down as I drove by. There are large signs at each gate I passed, easily seen from the road.

The fairgrounds appear to be owned by the Columbiana County Agricultural Society. Would one of you please search on line to confirm this and then let me know where I look to find if they are a body public and politic (if that is the way you say it)?

Thanks.
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JustJack
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Re: Columbiana County Fairgrounds

Post by JustJack »

Yes, it is the Columbiana County Agricultural Society. The fairgrounds are divided up into three separate parcels, numbered 0902626000, 0902628000, and 0950019000.
COLUMBIANA COUNTY AGRICULTURAL SOCIETY
COLUMBIANA COUNTY
NOTES TO THE FINANCIAL STATEMENTS
NOVEMBER 30, 2007 AND 2006
7
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
A. Description of the Entity
The constitution and laws of the State of Ohio establish the rights and privileges of the
Columbiana County Agricultural Society, Columbiana County, (the Society) as a body
corporate and politic.
The Society is a county agricultural society corporation formed under
Chapter 1711 of the Ohio Revised Code.
The Society was founded in 1845 to operate an
annual agricultural fair. The Society sponsors the week-long Columbiana County Fair during
July/August. During the fair, harness races are held, culminating in the running of the Home
Talent Colt Stakes. Columbiana County is not financially accountable for the Society. The
Board of Directors manages the Society. The Board is made up of twelve directors serving
staggered three-year terms. Society members elect Board members from its membership.
Members of the Society must be residents of Columbiana County and pay an annual
membership fee to the Society.
Good luck, have at them.
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CousinCarl
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Re: Columbiana County Fairgrounds

Post by CousinCarl »

JJ, would you please give me a reference for this? I want to have as many tools in my toolbox as I can. Thanks.
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Re: Columbiana County Fairgrounds

Post by JustJack »

CousinCarl wrote:JJ, would you please give me a reference for this? I want to have as many tools in my toolbox as I can. Thanks.
Columbia County Auditor website. Do a property search by owner. Use COL CO AGRICULTURAL as the search term. Brings up all 3 properties.

The other excerpt is from the Ohio Auditor's website and can be found here: http://auditor.state.oh.us/auditsearch/ ... mbiana.pdf It's on page 7

Here's some more ammo for you:
Ohio Attorney General Opinion 92-078 Do a 'control F search for 92-078. This is the OH AG's opinion that Agricultural Societies are "Public Bodies", e.g "Corporate and Politic".
Ohio Attorney General Opinion 88-034 Do a 'control F' search for 88-034. This is another OH AG's opinion that Agricultural Societies are "Bodies both corporate and politic" specifically as it relates to their being allowed to use an insurance pool for government bodies.
ORC 1711.13 states that County Agricultural Societies are bodies both "corporate and politic".
Greene Cty. Agricultural Soc. v. Liming (2000), 89 Ohio St.3d 551 OH SC states "County agricultural society is a
political subdivision pursuant to R.C. 2744.01(F)"
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CousinCarl
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Re: Columbiana County Fairgrounds

Post by CousinCarl »

Thanks, JustJack!
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JustJack
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Re: Columbiana County Fairgrounds

Post by JustJack »

CousinCarl wrote:Thanks, JustJack!
No problem. I have a nice file of similar info for the Hancock County Fairgrounds. Now if I could just get time to go out there and see if they're still posted I may be able to put it to some use.
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CousinCarl
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Re: Columbiana County Fairgrounds

Post by CousinCarl »

My Email to the Columbiana County Ag. Society (with thanks to MWSY):


"Dear Columbiana County Agricultural Society-

There are a number of ‘No guns’ or ‘No weapons’ signs posted at the entrances around the Columbiana County fairgrounds. As they pertain to firearms, these signs are in violation of Ohio Revised Code 9.68.

While state law does allow (and require) the Society to post signs on many types of buildings, it does not allow the posting of the open areas of the fairgrounds.

Could you please take these signs down right away?

As you probably know, Agricultural Societies are not private entities, and any land they own or county-owned land they manage, is not private property.

This can be confirmed by:
-reviewing Ohio Revised Code 1711.13 ( http://codes.ohio.gov/orc/1711.13" onclick="window.open(this.href);return false; ),
-reviewing the Ohio Supreme Court opinion in Greene Cty. Agricultural Soc. v. Liming ( http://www.supremecourt.ohio.gov/rod/do" onclick="window.open(this.href);return false; ... io-486.pdf ),
-contacting the Ohio Attorney General for an opinion. The OAG has no less than 2 previous opinions confirming that Ag. Societies, while independent, are still public entities.

As a public entity, the Society must follow all general provisions of state law, including ORC 9.68 which prohibits public entities from having ordinances, rules or regulations restricting the possession of firearms.

If there are any published rules or regulations, or any underlying resolutions or ordinances supporting such rules or regulations, please revise those items to bring the Society into compliance with state law.

I have no complaints to make other than the signs are posted. I just found out myself a week ago. As a Columbiana county resident, I just want to make sure no public entity exposes itself to lawsuits. That's money the county and it's agencies do not need to spend.

I am not a lawyer, but if you have any questions, I'll try to answer them.

Thanks!"
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CousinCarl
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Re: Columbiana County Fairgrounds

Post by CousinCarl »

It has been almost 2 weeks since I sent the above email, and no reply. It might help if some others also send them a message.
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Re: Columbiana County Fairgrounds

Post by JustaShooter »

Have you been able to confirm that the signs are still up?
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CousinCarl
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Re: Columbiana County Fairgrounds

Post by CousinCarl »

No, maybe tomorrow.
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CousinCarl
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Re: Columbiana County Fairgrounds

Post by CousinCarl »

Justashooter,

Went by there this AM and yes they are still up.

This is the "back" entrance - no signs:

Image

Main entrance and sign:

Image
Image

Lower entrance below main entrance:

Image
Image
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CousinCarl
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Re: Columbiana County Fairgrounds

Post by CousinCarl »

Just tried to call Fair Board office - only got voicemail.
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Re: Columbiana County Fairgrounds

Post by MyWifeSaidYes »

Can you determine when their board meets? They should meet at least once a month.

I wouldn't wait longer than a week to hear back from them.
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Re: Columbiana County Fairgrounds

Post by CousinCarl »

MWSY, please advise as to next step. I have had a private discussion with an individual who is ready to file suit.

Should I re-email if I cannot get someone on the phone?
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Re: Columbiana County Fairgrounds

Post by MyWifeSaidYes »

If it were me, I would visit a board meeting of the Ag Society/Fair Board. There you could state your case and hopefully get some immediate feedback on how they plan to proceed.

I wouldn't want them to be able to claim you blindsided them. Maybe a certified letter if you can't make a meeting, making sure to request in the letter that they contact you by a certain date.

If they won't let you speak at the meeting, or if they don't contact you on time, a lawsuit is called for.
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