Service plaza's on Ohio turnpike

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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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Service plaza's on Ohio turnpike

Postby 747tech » Tue Sep 13, 2016 9:02 am

I am hearing gun buster signs are going up at these.
Are these legal?
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Re: Service plaza's on Ohio turnpike

Postby JustaShooter » Tue Sep 13, 2016 9:18 am

As I understand it, they cannot. From ORC 2923.126 (B)

(B) A valid concealed handgun license does not authorize the licensee to carry a concealed handgun in any manner prohibited under division (B) of section 2923.12 of the Revised Code or in any manner prohibited under section 2923.16 of the Revised Code. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:

...

(9) Any building that is a government facility of this state or a political subdivision of this state and that is not a building that is used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to division (B)(3) of this section;


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Re: Service plaza's on Ohio turnpike

Postby 747tech » Tue Sep 13, 2016 9:26 am

It was a question posted in Ohio open carry on FB. Poster said they had started seeing this. I will be traveling turnpike soon and will look for myself.
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Re: Service plaza's on Ohio turnpike

Postby JustaShooter » Tue Sep 13, 2016 9:51 am

So the question is, are "Service Plazas" "rest facilities"? My initial take was that they are, but I don't know for sure. Certainly, they are different than the rest areas on the interstate in many ways, and could be privately operated. Perhaps someone more knowledgeable than me can opine.
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Re: Service plaza's on Ohio turnpike

Postby DontTreadOnMe » Tue Sep 13, 2016 10:04 am

You're talking about the big ones with the restaurants inside? I don't like it, but you'd have a tough time arguing they're "primarily" used as shelters or rest facilities. Sure lots of people who go in there use the restrooms, but given the presence of multiple food vendors and convenience stores it's not clear that the primary purpose of those facilities is as shelters / restrooms.
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Re: Service plaza's on Ohio turnpike

Postby Javelin Man » Tue Sep 13, 2016 10:13 am

This was supposed to be defined in legislation a few years past as specifically NOT to be posted. Our own Chris Harben made sure of that as well as becoming a test subject by an overzealous worker in a plaza.
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Re: Service plaza's on Ohio turnpike

Postby gfrlaser » Tue Sep 13, 2016 11:45 am

Key word.. 'primarily' I would imagine.

primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to division (B)(3) of this section;

Were the stations built by the state for rest facilities or built by the restaurants.
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Re: Service plaza's on Ohio turnpike

Postby Mustang380gal » Tue Sep 13, 2016 12:33 pm

Turnpikes have no other options for people to stop and use a restroom. If they did, I would be willing to concede that it may be a restaurant.

I rarely get food or drink at them. I usually just use the restroom.
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Re: Service plaza's on Ohio turnpike

Postby DontTreadOnMe » Tue Sep 13, 2016 12:53 pm

Mustang380gal wrote:Turnpikes have no other options for people to stop and use a restroom. If they did, I would be willing to concede that it may be a restaurant.

I rarely get food or drink at them. I usually just use the restroom.


That's a good point about the bathroom access, but unfortunately it doesn't matter whether you or I concede they're anything but convenient places to go to the bathroom. The fact is they offer multiple restaurants and other shopping choices. Just because some mall-walkers use indoor malls for exercise doesn't change them from shopping malls into gyms.

Maybe this would be a good idea for a future legislative agenda? Especially considering your point about no other option for bathroom stops.
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Re: Service plaza's on Ohio turnpike

Postby Brian D. » Tue Sep 13, 2016 2:08 pm

I'm fairly certain that back in the day, Chris Harben got written clarification via ODOT (who doubtless consulted the Ohio AG) that the service plazas were included when the rest area prohibition was lifted. That was certainly part of the legislative intent, my memory is 100% on that.
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Re: Service plaza's on Ohio turnpike

Postby JustJack » Wed Sep 14, 2016 12:21 am

I see someone beat me to this. Now to try to provide some answers to help make some kind of concerted decision as to how this should be addressed.

JustaShooter wrote:So the question is, are "Service Plazas" "rest facilities"? My initial take was that they are, but I don't know for sure. Certainly, they are different than the rest areas on the interstate in many ways, and could be privately operated. Perhaps someone more knowledgeable than me can opine.

They MAY be privately operated, but they are OWNED by the State of Ohio. The OP on the Ohio Open Carry FB page was from Huron, so I looked up the Commodore Perry Plaza at the Sandusky County Auditor's site, and it's listed owner is the State of Ohio, as is the actual roadway of the Turnpike itself.

In case the Ohio Turnpike and Infrastructure Commission tries to play the same card as the Ag. Societies do, ORC 5537.02(A) specifically states:
"The commission is a body both corporate and politic, constituting an instrumentality of the state, and the exercise by it of the powers conferred by this chapter in the construction, operation, and maintenance of the Ohio turnpike system, and also in entering into agreements with the department of transportation to pay the cost or a portion of the costs of infrastructure projects, are and shall be held to be essential governmental functions of the state, but the commission shall not be immune from liability by reason thereof. Chapter 2744. of the Revised Code applies to the commission and the commission is a political subdivision of the state for purposes of that chapter. The commission is subject to all provisions of law generally applicable to state agencies which do not conflict with this chapter." which means toothless 9.68 applies to them.

Since the OTIC runs the plazas, they only entity that could be a leasing them would be the actual restaurants inside, which could then most likely post their SECTION that is leased, but the entire building would not be leased, just those areas.
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Re: Service plaza's on Ohio turnpike

Postby pirateguy191 » Wed Sep 14, 2016 4:13 am

Brian D. wrote:I'm fairly certain that back in the day, Chris Harben got written clarification via ODOT (who doubtless consulted the Ohio AG) that the service plazas were included when the rest area prohibition was lifted. That was certainly part of the legislative intent, my memory is 100% on that.


Who???
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Re: Service plaza's on Ohio turnpike

Postby carmen fovozzo » Wed Sep 14, 2016 7:04 am

pirateguy191 wrote:
Brian D. wrote:I'm fairly certain that back in the day, Chris Harben got written clarification via ODOT (who doubtless consulted the Ohio AG) that the service plazas were included when the rest area prohibition was lifted. That was certainly part of the legislative intent, my memory is 100% on that.


Who???


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Re: Service plaza's on Ohio turnpike

Postby Brian D. » Wed Sep 14, 2016 8:00 am

Chris is still around on Facebook.
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Re: Service plaza's on Ohio turnpike

Postby JustJack » Fri Sep 16, 2016 12:38 am

Per a reply from the OP on the Ohio Open Carry FB page, the signs are now gone from the 2 plazas he saw them at. I asked which ones he was referring to and this was his answer
Two different ones. West bound at the 198 and east bound about the 78.

Looking at the OTIC website that would seem to be the Wyandot (EB) and Portage (WB). I also received a phone call from Jennifer Strueber, OTIC's general counsel, in response to an e-mail I sent her, but have not had time to call her back. Hopefully tomorrow (Friday) I will.
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