Scioto County Fairgrounds - posted?

[Stryker74]

I am hearing reports that the Scioto County fairgrounds are posted against carry. There is an event there next month (Lucasville Trade Days), and it is being reported on Facebook that the fairgrounds are posted.

Anyone in the Scioto county are that can confirm the gates are posted? If not, then Chuck, MWSY, and myself will be staying in that area during Fun'n'Gun - we can try to swing over there to check it out.

[BriKuz]

Famous Auto Promotions, Inc is producing this event... seems to be a private thing, hence, they may legally post... if a private entity rents a public area, they may post... now, the County Ag. Society cannot make posting a condition of rental, as far as I know...

[Stryker74]

Famous Auto Promotions, Inc is producing this event... seems to be a private thing, hence, they may legally post... if a private entity rents a public area, they may post... now, the County Ag. Society cannot make posting a condition of rental, as far as I know...

The information I have is that the grounds are posted with "No Concealed Weapons" signs - not the event. This event actually encourages buy/sell/trade of firearms, but are telling everyone that the fairgrounds/deputies require everyone to keep the action open on any firearm. (As a side note - I just hope that everyone uses good judgment and follows safe handling rules for anything they are looking to buy/sell/trade.)

Of course, I want to verify whether the grounds are posted before pursuing anything.

[BriKuz]

I just got off the phone with the chief deputy... he said that his department is NOT, in any official capacity, telling either the ag society or the event planner that they should or must post. The FAIR BOARD HAS ordered the grounds posted. I would suggest getting in touch with the fair board. Look through past posts for guidance, or hit MWSY up... (or ME, when I get home)

[Stryker74]

I just got off the phone with the chief deputy... he said that his department is NOT, in any official capacity, telling either the ag society or the event planner that they should or must post. The FAIR BOARD HAS ordered the grounds posted. I would suggest getting in touch with the fair board. Look through past posts for guidance, or hit MWSY up... (or ME, when I get home)

Good info - I hadn't gotten that far yet. I will look at the Fair Board directors/members to see who I might know personally (+1 for being from Lucasville - probably the only time I will ever get to say that!).

[concreteguy]

(+1 for being from Lucasville - probably the only time I will ever get to say that!).

I sometimes feel the same way being from Gallipolis

[Stryker74]

(+1 for being from Lucasville - probably the only time I will ever get to say that!).

I sometimes feel the same way being from Gallipolis

Ha! There's where my wife is from, via transplant from Virginia at about age 12. I know what you mean.

[MyWifeSaidYes]

Huh?

What?

Did someone say "Fair Board"?

[BriKuz]

Huh?

What?

Did someone say "Fair Board"?

I KNEW that would pique your interest

[Stryker74]

Huh?

What?

Did someone say "Fair Board"?

Don't worry - I will give you the grand tour of Lucasville next weekend!

[Stryker74]

Confirmed the fairgrounds are posted. I am reaching out to the Fair Board to seek removal.

[Stryker74]

Warning - long post:

I have typed up the following letter today to send to the Scioto County Agricultural Society (snail mail - no email address). I have my "network" in place that can confirm if signs have been removed. any thoughts?

Scioto County Agricultural Society
P.O. Box 109
Lucasville, OH 45648

March 31, 2014
Dear Scioto County Agricultural Society Officers:

I am writing today to seek the removal of the signs at the fairgrounds entrances that state that firearms are prohibited on the grounds. I was recently made aware of these signs, and confirmed on March 28th, 2014, that they do exist at the main entrance on Fairgrounds Road.

The text of the sign is below, and I have included a picture for your reference to clarify the signage that I am requesting to be removed.
“Notice! [Outline of a gun with a circle and slash through it] It is illegal to carry a firearm, deadly weapon, or dangerous ordnance anywhere on these premises. Unless otherwise authorized by law, no person shall knowingly possess, have under the person’s control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises. By order of the Scioto County Fair Board, pursuant to the Ohio Revised Code.”

Since the Scioto County Agricultural Society is formed and operates under the Ohio Revised Code chapter 1711.13 “Nature and powers of county society”, the Society is defined to be an entity “declared bodies corporate and politic”. The status of an agricultural society is confirmed as a political subdivision in opinion 88-034 by the Ohio Attorney General. In additional Ohio Attorney General opinion 92-078 declares that the board of directors of a county agricultural society is a public body that is subject to open meeting laws (“Sunshine laws”). Finally, in Greene Cty. Agricultural Soc. v. Liming (2000), 89 Ohio St.3d 551, the Ohio Supreme Court declared “County agricultural society is a political subdivision pursuant to R.C. 2744.01(F)".

Since the Society would be deemed to be a political entity, I feel that these signs are in violation of Ohio Revised Code 9.68, which prohibits political entities from enacting firearms restrictions that are more prohibitive than that of the State or Federal laws.

9.68 Right to bear arms - challenge to law.
(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.
(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.
(C) As used in this section:
(1) The possession, transporting, or carrying of firearms, their components, or their ammunition include, but are not limited to, the possession, transporting, or carrying, openly or concealed on a person's person or concealed ready at hand, of firearms, their components, or their ammunition.
(2) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.

I am not a lawyer – just a concerned citizen of Ohio (and formerly of Scioto County). The above references showing a county agricultural society to be a political entity makes me believe that the signs are in violation of ORC 9.68. By removing the signs, you can avoid any potential lawsuits that could be filed under ORC 9.68(B).

I appreciate your cooperation, and invite your feedback. I am including my contact information below.

Sincerely,

Stryker74

[BriKuz]

Very well worded letter. Here's hoping you get a response. Also, if you could, see if you can find out when the fair board meets. By law, these are public meetings, and this issue could be brought up in person by yourself, MWSY, me, or others...

[mreising]

Warning - long post:

I have typed up the following letter today to send to the Scioto County Agricultural Society (snail mail - no email address). I have my "network" in place that can confirm if signs have been removed. any thoughts?

Scioto County Agricultural Society
P.O. Box 109
Lucasville, OH 45648

March 31, 2014
Dear Scioto County Agricultural Society Officers:

I am writing today to seek the removal of the signs at the fairgrounds entrances that state that firearms are prohibited on the grounds. I was recently made aware of these signs, and confirmed on March 28th, 2014, that they do exist at the main entrance on Fairgrounds Road.

The text of the sign is below, and I have included a picture for your reference to clarify the signage that I am requesting to be removed.
“Notice! [Outline of a gun with a circle and slash through it] It is illegal to carry a firearm, deadly weapon, or dangerous ordnance anywhere on these premises. Unless otherwise authorized by law, no person shall knowingly possess, have under the person’s control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises. By order of the Scioto County Fair Board, pursuant to the Ohio Revised Code.”

Since the Scioto County Agricultural Society is formed and operates under the Ohio Revised Code chapter 1711.13 “Nature and powers of county society”, the Society is defined to be an entity “declared bodies corporate and politic”. The status of an agricultural society is confirmed as a political subdivision in opinion 88-034 by the Ohio Attorney General. In additional Ohio Attorney General opinion 92-078 declares that the board of directors of a county agricultural society is a public body that is subject to open meeting laws (“Sunshine laws”). Finally, in Greene Cty. Agricultural Soc. v. Liming (2000), 89 Ohio St.3d 551, the Ohio Supreme Court declared “County agricultural society is a political subdivision pursuant to R.C. 2744.01(F)".

Since the Society would be deemed to be a political entity, I feel that these signs are in violation of Ohio Revised Code 9.68, which prohibits political entities from enacting firearms restrictions that are more prohibitive than that of the State or Federal laws.

9.68 Right to bear arms - challenge to law.
(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.
(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.
(C) As used in this section:
(1) The possession, transporting, or carrying of firearms, their components, or their ammunition include, but are not limited to, the possession, transporting, or carrying, openly or concealed on a person's person or concealed ready at hand, of firearms, their components, or their ammunition.
(2) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.

I am not a lawyer – just a concerned citizen of Ohio (and formerly of Scioto County). The above references showing a county agricultural society to be a political entity makes me believe that the signs are in violation of ORC 9.68. By removing the signs, you can avoid any potential lawsuits that could be filed under ORC 9.68(B).

I appreciate your cooperation, and invite your feedback. I am including my contact information below.

Sincerely,

Stryker74

You might consider rewording the bold red section. Perhaps something like, "In addition, Ohio Attorney General Opinion . . ."

[Stryker74]

Good catch Mark!

More eyes always helps.