Ohioans For Concealed Carry Discussion Forums

I was contacted today about the Clermont County Fair, and despite multiple phone calls, got nowhere with two Deputies insisting that the fairgrounds were private property.

Moments ago I sent out the following PRESS RELEASE to local media, with the subject of "Clermont County Sheriff Department encourages Clermont County Agricultural Society to **violate Ohio law** - to be CHALLENGED tomorrow @ the fairgrounds":

It is my intention to visit the Clermont County Fairgrounds tomorrow, Sunday, July 21, 2019, while legally carrying a sidearm(s).

I have been told that should I carry a firearm(s) at the fair, I would first be asked to leave, and if I refused I would be cited or arrested for criminal trespass.


BACKGROUND

This year, in violation of Ohio law, and encouraged by the Clermont County Sheriff’s Department, the Clermont County Fairgrounds have been posted with misnamed ‘no guns’ signage such as the attached picture shows. Ohio’s preemption law, ORC 9.68, does not permit political subdivisions to post such signage except on certain types of *buildings*.

Today, in multiple conversations with Clermont County Sheriff’s Deputies (Deputy Summers & Sergeant Baarlaer) I was informed that the Clermont County Fairgrounds are private property (it is not).

Although I won’t recount my conversations with both officers in their entirety, Sergeant Baarlaer informed me that the reasons the signage was posted was because over the past five years, and despite encouragement by the Sheriff’s Department (per Sergeant Baarlaer) the fair board has refused to post such signage because of “zealots”. Apparently those who demand that governmental entities/political subdivisions follow Ohio law are “zealots”.

In addition, after speaking with counsel, I was encouraged to call back and ask Deputy Summers to have Sheriff Leahy call me, because I wanted to avoid filing a Federal lawsuit for should I be cited or arrested for an LEGAL act. I did, and Deputy Summers refused, on tape, to do so.


LAW

Ohio’s preemption law, ORC 9.68, governs what political subdivisions can and cannot do regarding firearm laws, rules, regulations, etc. One thing they cannot do is to establish their own firearm laws, rules, regulations, etc.

1) The Ohio Supreme Court case Greene County Agricultural Society v. Liming makes it clear that county agricultural societies ARE political subdivisions: “A county agricultural society is a political subdivision pursuant to R.C. 2744.01(F).”

https://www.sconet.state.oh.us/rod/docs ... io-486.pdf" onclick="window.open(this.href);return false;


2) Other relevant ORC sections are ORC 1711.13, 1711.14 & 1711.15.


It’s clear to me that the Sheriff’s Department is willing to violate the law, and indeed has encouraged the Agricultural Society to join it in doing so.

Please contact me with questions. Although I will be taping the encounter, I would be pleased to have the media do the same. (I will not be sharing my recording, however)


Thank you.


BB62

Makes me want to visit ohio for a day...

Excellent work, BB! I'll be rooting for you as I prepare for the Seneca County Fair this week which wisely posts no such signage.

Be right back, I got to look at something.

BB-62, since 2004, I've always used Clermont County for my CHL issuance. Until my last renewal in 2018, A.J. Rodenburg was the sheriff, and there was never a problem. But in 2018, this Robert S. Leahy had taken the helm. That renewal took 42 of the legally allowed 45 days. On about day 40, I called the Sheriff's Office and asked why, to no avail. Then I rung up the County Commissioners' office to inquire/complain, and also their Clerk of Courts. With that last call I made reference to filing a writt of mandumus.

That seemed to push the proper buttons, sheriff's office responded quickly.

I'm thinking Leahy is a "guns for us but not you rabble civilians" types.

While I was typing this, looks like I got a phone call/message from YOU! Can't do two things at once, hold on a sec okay?

Tim Rodenberg will be sorely missed as sheriff over there. I knew him before he came to Clermont County as an assistant prosecutor and then later ran for sheriff. He was pro concealed carry. Guess we're all getting older.

This has happened before and the signs were ultimately taken down:

viewtopic.php?f=2&t=4788&hilit=clermont ... air#p61249" onclick="window.open(this.href);return false;

Nevertheless, BB62 and I went to the Clermont County Fair today and had a discussion with a board member and a Sheriffs Deputy on-site. It was not encouraging, I don't want to steal BB62's thunder, I videotaped the discussion with the Board member, the Deputy refused to be on video. We got what we needed, BB62 will give a full update soon.

First, a big "Thank you!" to maxnobknee, as always a top-notch activist/partner!

Today we spoke and listened carefully to Paul Schmid of the Fair Board and Corporal Cooper of the CCSD, with references made to the Clermont County Prosecutor.

I'll save typing the minute details, but it's apparent that there are clear issues with **arrogance, bias, incompetence, poor communication, as well as a lack of truthfulness** among one or more of the 'players'. Records requests will be produced, and if necessary, legal action will be taken.

An OC event may also be worthwhile down the road, but not in the immediate future.

if you attend the Fair, BEWARE: every Deputy I spoke with said there are to be NO GUNS at the Fair, but this is directly contradicted by the (illegal wrt guns) resolution of the Fair's Board of Directors.



Maxnobknee and I will take the steps necessary to get the signage removed and the proper parties edumacated.

In the meantime, things will generally be played close to the vest - including no sharing of today's video & audio.

Thanks for everyone's interest and contributions.

Were you refused entry? To force their hand you could go in concealed, then switch over to open carry in a restroom stall out of sight. Then refuse to leave or disarm. That could get you arrested, but if you are sure of a win, you would have even more reason to sue them.

BB62 wrote: Maxnobknee and I will take the steps necessary to get the signage removed and the proper parties edumacated.

In the meantime, things will generally be played close to the vest - including no sharing of today's video & audio.

Thanks for everyone's interest and contributions.

Thank YOU for your activism, BB62
One thing we know is you are very good at getting results.
I salute you sir

Phil1979 wrote:Were you refused entry? To force their hand you could go in concealed, then switch over to open carry in a restroom stall out of sight. Then refuse to leave or disarm. That could get you arrested, but if you are sure of a win, you would have even more reason to sue them.

Well as everyone knows there is no justice inside or outside of the courtroom....and many times the process IS the punishment. Lawyering up isn't cheap which cuts both ways. By putting them on notice and attempting to have a rational discussion 1st, you stand a better chance. We have already demonstrated to the Board Member today, that the information provided by the sheriffs department is suspect and is putting the Agricultural Society at risk for litigation. If it requires getting trespassed in order to obtain standing for a court case, that can be done at a time and place of our choosing, if dialogue doesn't work. The Board Member we spoke to seemed like a reasonable guy, the Deputy not so much. I think they are starting to get a clue that the Sheriffs department is clueless or bluffing.

maxnobknee wrote: I think they are starting to get a clue that the Sheriffs department is clueless or bluffing.

Which is sad since I lived in Clermont County for 10 years and they seemed to be pro-carry. I wonder how the current guy got elected.

JediSkipdogg wrote:

maxnobknee wrote: I think they are starting to get a clue that the Sheriffs department is clueless or bluffing.

Which is sad since I lived in Clermont County for 10 years and they seemed to be pro-carry. I wonder how the current guy got elected.

Tim Rodenberg was pro-carry, though his wife was not and her law office was posted. They were both good people though. I think Tim is a couple of years younger than me, but that still puts him in retirement territory. I've sort of lost touch with the people I knew when I practiced out there and haven't kept up with the politics.

Clueless AND bluffing is also an option

Good work Gents

I have Wednesday off if you need me to go get arrested.

ETA: I don't bluff.