Clermont County Fair- County owned,& a political subdivi

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maxnobknee
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Clermont County Fair- County owned,& a political subdivi

Post by maxnobknee »

Bump again....according to this org chart it looks like they are a political subdivision to me see page 37!!!!:

http://www.auditor.state.oh.us/AuditSea ... ermont.pdf


Sorry to keep bumping this up.....but a search of the property records show that the fairgrounds is owned by the.....County!!!!!
http://www.clermontauditorrealestate.or ... &tp=1&cp=1


302913A018.

1000 LOCUST ST CLER CO AGRICULTURAL SOC

Parcel

Address 1000 LOCUST ST
Class EXEMPT
Land Use Code E - EXEMPT PROPERTY OWNED BY COUNTIES
Neighborhood 04248
Total Acres 37.77
Taxing District 30
District Name STONELICK TWP / CLERMONT NE LSD
Gross Tax Rate 58.15
Effective Tax Rate 41.157955


Sorry for the long link.... :-(

I spoke with a nice lady at the Ag Society, she asked me to fax over this info and she would forward it to the President of the Ag Society. I faxed the info per her request and included the AG opinion as well.


The Enquirer called, my 1st letter will be published in a few days. The text of the letter is below (props to the Best Buy Letter, I borrow some of his text):

-----Original Message-----
From: [email protected] [mailto:[email protected]]
Sent: Mon 7/17/2006 1:17 PM
To: [email protected]
Cc:
Subject: Clermont County Fair-No Guns Allowed

I found your article very interesting and after a phone call to the
Clermont County Agricultural Society they confirmed the following for
me:

While their intent in posting the sign is to promote the safety of
attendees and employees, it in fact has the opposite effect. A
criminal, intent on committing criminal acts, will freely bring any
weapons he chooses past their sign. In fact they might as well post
a "Criminal Friendly Zone, all of our customers have been disarmed for
your convenience" sign. The "No Guns" sign will however turn away those
law-abiding citizens who have passed criminal background checks, have
no history of mental illness and completed training and education to
be granted a Concealed Handgun License (CHL) by the State of Ohio. So
to sum it all up…..those law abiding citizens holdings CHLs are
treated as defacto criminals whilst real criminals simply will waltz
pass the no guns sign…just as they always do.


Jeff Riley



Here is a copy of an email I received in reply to my letter/email to the story in the Cincinnati Enquirer regarding Clermont Count Fair banning concealed carry at the fair:

"Brunsman, Barrett" <[email protected]>
Sent Tuesday, July 18, 2006 9:03 am
To [email protected]
Cc
Bcc
Subject RE: Clermont County Fair-No Guns Allowed

Jeff:

Thanks for sharing your thoughts.

The only answer I have for you is that the Clermont sheriff says his men can provide all the protection needed. He also notes the following:

"If a CCW permit holder is found carrying a gun in a prohibited area not only could they be charged with a crime (felony or misdemeanor depending on circumstances), but ALSO their CCW permit could be permanently revoked. Bottom line: 'Leave your guns at home'' when coming to the Clermont County Fair."

Regards,

Barrett

Here was my reply to his email:

Barrett,

Thanks for your reply,

While I am sure that the sheriff means well and has planned accordingly, 8 deputies does not exactly go very far if attendance at the fair is equal to past years:

http://www.enquirer.com/editions/2003/0 ... air25.html

"Despite their growing suburban populations, Butler and Clermont expect to attract 100,000 visitors to their fairs, which is considered a good year." End quote.

Unless they plan on searching each and every person attending, the "No Guns" sign is a "feel good" measure that is not going to deter any serious criminal, only law-abiding citizens, including CHL holders. They cannot guarantee safety, nor are the required by case law. The Supreme Court in Castle Rock vs. Gonzales, June 27th 2005:

"It is perfectly clear, on the one hand, that neither the Federal Constitution itself, nor any federal statute, granted respondent or her children any individual entitlement to police protection. See DeShaney v. Winnebago County Dept. of Social Servs., 489 U. S. 189 (1989)."

"By a vote of 7-to-2, the Supreme Court ruled that Gonzales has no right to sue her local police department for failing to protect her and her children from her estranged husband." From Foxnews.com July 18th, 2005:

"In 1999, Gonzales obtained a restraining order against her estranged husband Simon, which limited his access to their children. On June 22, 1999, Simon abducted their three daughters. Though the Castle Rock police department disputes some of the details of what happened next, the two sides are in basic agreement: After her daughters' abduction, Gonzales repeatedly phoned the police for assistance. Officers visited the home. Believing Simon to be non-violent and, arguably, in compliance with the limited access granted by the restraining order, the police did nothing.

The next morning, Simon committed "suicide by cop." He shot a gun repeatedly through a police station window and was killed by returned fire. The murdered bodies of Leslie, 7, Katheryn, 9 and Rebecca, 10 were found in Simon's pickup truck."

The Court fell back on a rich history of court decisions that found the police to have no constitutional obligation to protect individuals from private individuals. In 1856, the U.S. Supreme Court (South v. Maryland) found that law enforcement officers had no affirmative duty to provide such protection. In 1982 (Bowers v. DeVito), the Court of Appeals, Seventh Circuit held, "...there is no Constitutional right to be protected by the state against being murdered by criminals or madmen."

Part of being a CHL holder is being responsible for my own and my family’s protection, and I am not willing to count on someone else to be my primary form of protection. The police are spread thin, and you can't count on them always being there when you need them. Under the best of circumstances, 3 minutes is a great response, and allot of bad things can happen in 3 minutes time.

I guess we will have to disagree on this, and I will take their Fair's hint about not being welcome and not attend.


Jeff
Last edited by maxnobknee on Wed Jul 19, 2006 2:34 pm, edited 8 times in total.
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Post by NavyChief »

There probably isn't time to run this to ground before the fair - but I'm not sure the fair board's little blurb (emphasis mine) from their web site is enough to get them off the hook...
DEDICATED ALSO TO KEEPING OUR STAFF AND VISITORS AS SAVE AS POSSIBLE. THEREFORE, NO FIREARMS (CONCEALED OR OTHERWISE) OR OTHER WEAPONS ARE ALLOWED ON THE FAIRGROUNDS AT ANY TIME EXCEPT FOR THOSE CARRIED BY LAW ENFORCEMENT OFFICIALS IN THE PERFORMANCE OF THEIR DUTIES. SIGNS WILL BE POSTED AND VIOLATORS WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. NO EXCEPTIONS. TO CLEAR UP SOME POSSIBLE CONFUSION, THE FAIRGROUNDS IS OWNED BY THE CLERMONT COUNY AGRICULTURAL SOCIETY WHICH MAKES IT PRIVATE PROPERTY AND NOT SUBJECT TO THE SAME RULES AS COUNTY OWNED FAIRGROUNDS.

http://clermontcountyfair.org/
For example (from the state auditor's report ):

"Non-operating Receipts:
State Support: $36, 925
County Support: $3,300" (p. 3)

"The State of Ohio contributes money to the Society from the Ohio Fairs Fund to help supplement the race purse." (p. 6)

"Ohio Fairs Fund money received to supplement purse for the year ended November 30, 2003 was $24,384 and is included within State Support on the accompanying financial statement." (p. 7)

"The Clermont county Commissioners provide general insurance coverage for all the buildings..." (p. 8 )

"The aforementioned casualty and property reinsurance agreements ... are the obligation of the respective government." (p. 8 )

It sounds to me like the Clermont County Agricultural Society wants to be either private or public depending on whatever is most financially advantageous at the time. Let's see - they're a private society (accepting state money) with privately owned fairgrounds (which carries county supplied insurance) - is that about right?
Total repeal of ALL firearms/weapons laws at the local, state and federal levels. Period. Wipe the slate clean.
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Post by samagee »

Well, I for one do not intend to visit this year yet again. Perhaps all of us in Clermont County need to go to meetings, in order to make sure no government money is given to the Clermont County AG society again.
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Post by Brian D. »

Clermont County Fair is right up the road from my gun club. Ol' Sarge has piqued my curiosity with his statements, guess it's gonna be on my list of recreational road trips this summer..
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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Post by rickt »

NavyChief wrote: It sounds to me like the Clermont County Agricultural Society wants to be either private or public depending on whatever is most financially advantageous at the time. Let's see - they're a private society (accepting state money) with privately owned fairgrounds (which carries county supplied insurance) - is that about right?
When I was doing some research on the Cuyahoga County Agricultural Society earlier this summer, I discovered a lawsuit in which a woman injured at the fairgrounds sued the Agircultural Society. In one of the Society's filings, they claimed they were a "political subdivision" so they were immune to such lawsuits.

Typical "have their cake and eat it too." They are a political subdivsion when it suits them and a private entity when that is to their advantage.
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Post by Volomon »

I live in Clermont, this event and so many others like it, always brings to mind: Why is it that Police are a special case of citizenship?

"The constitution does not provide for first and second class citizens. "
Wendell Willkie, An American Programme (1944)
US businessman & politician (1892 - 1944)

At what point did the law (officers of the law) become greater citizens than the average joe? Why does a man have to be a police officer in order to enjoy his rights without harassment? Theres just way to many cases of "special" rights to way to many people.

Well anyway I'll be there I've recently sold (pawned) my firearm but will pick up another soon, just moved to Ohio, and thought it only right to start getting involved.
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So....Any updates

Post by maxnobknee »

It seems that one of the previous posters is correct; the Clermont Ag Society does indeed like to have it both ways, private when it comes to restricting your rights, but public entity when they want taxpayer money. What I would like to know is OFCC making progress on dialogue with the Ag Society? Time to call the NRA? If I decide to protest by attending the fair with a tee shirt reading "Attention Criminals, I have been disarmed for your protection by the Clermont County Ag Society" would that be over the top? Or should I just attend wearing my empty holster in plain site as a form of protest? All thoughts welcome.
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Post by Cruiser »

Or should I just attend wearing my empty holster in plain site as a form of protest?
My County is ok so far. But that is one of the best ideas I have heard lately. Would work anywhere, if your not afraid to go public!
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Re: So....Any updates

Post by BB62 »

maxnobknee wrote:..."Attention Criminals, I have been disarmed for your protection by the Clermont County Ag Society" would that be over the top? Or should I just attend wearing my empty holster in plain site as a form of protest? All thoughts welcome.
I like the way you think!

Depending on the results of OFCC's legal research, I volunteer to be arrested for attempting to carry on the fairgrounds.


BB62
Yes, I do believe in open carry. An openly armed man is clear in his intentions. Concealed carriers are sneaks and skulkers and elitist, boot licking, political contribution making, running dog lackies of The Man. <wink> (thx grumpycoconut - OpenCarry.org)

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Re: So....Any updates

Post by samagee »

maxnobknee wrote: If I decide to protest by attending the fair with a tee shirt reading "Attention Criminals, I have been disarmed for your protection by the Clermont County Ag Society" .
Maybe reword it to "Attention second class citizens. You have been disarmed by the Clermont County AG Society. Only criminals and policemen will be armed here."

That's a great idea though. Another possibility, "If you see someone with a firearm here, then they are not a second class and controlled citizen."

I might go after all now that I think about it.
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Post by BB62 »

I think a letter to the DEPUTY SHERIFF who is the President of the CCAS is in order.

Maybe a letter to the Sheriff about his underling not making "political" statements while "using" his position would be in order too.

btw - looks like Butler County has the same prohibition, but is not posting (yet?).

http://news.enquirer.com/apps/pbcs.dll/ ... 365/-1/all


BB62
Last edited by BB62 on Wed Jul 19, 2006 12:42 pm, edited 1 time in total.
Yes, I do believe in open carry. An openly armed man is clear in his intentions. Concealed carriers are sneaks and skulkers and elitist, boot licking, political contribution making, running dog lackies of The Man. <wink> (thx grumpycoconut - OpenCarry.org)

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Post by MeanStreaker »

Nice work, Maxknob.
If I may make a recommendation (as someone that's also going through this...) Draft up a little note that you can distribute along with copies of the AG's opinion on posting fairground property. The note should include something similar to what I sent to the Montgomery County Fairground General Manager:
... my fear is that a legally licensed individual that knows the law about posting signs will realize they're improperly posted and carry anyway, putting themselves at risk of being arrested from a law enforcement officer that believes your signs are legal. The falsely arrested person would be forced to spend court costs, lawyer fees, etc in order to "prove" his innocence. I also believe this could put the Fair Board and County at risk of lawsuits as you are now knowingly allowing the improper signs to remain. Another possibility is someone pursuing a writ of mandamus, which orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so.

Again, I'd like to reiterate that I'm not a lawyer and sincerely hope that you don't think I'm just looking to cause trouble. I'm merely a concerned citizen that would like to see action taken now that everyone involved has agreed for some time that the signs need to be removed.

Your compliance in following the law would be greatly appreciated by myself and everyone else in Montgomery County.
I wanted to make sure to not sound threatening, while still getting my point across.
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Post by BB62 »

My letter to the reporter:

Mr. Brunsman,

I read your story, http://news.enquirer.com/apps/pbcs.dll/ ... 365/-1/all with interest, but if you did a little deeper, you may be surprised.

In doing so, you will find that despite Mr. Scharber's description "The fairgrounds is owned by the agricultural society, so it's private property, making the Clermont fair exempt from the Ohio law...", the land upon which the Fair sits is owned by the **county.** In this matter, only government owned *buildings* are off-limits to CHL (concealed handgun license) holders, nothing more.

It is unfortunate that a Deputy Sheriff is so ill-informed of the law, and of the supposed "danger" to society might be represented by licensed carriers, but that is perhaps a matter for another article or two.

In addition, it is my fervent hope and expectation that you will also be able to write about the signs being removed - as I have no doubt they soon will be.


(BB62)
Yes, I do believe in open carry. An openly armed man is clear in his intentions. Concealed carriers are sneaks and skulkers and elitist, boot licking, political contribution making, running dog lackies of The Man. <wink> (thx grumpycoconut - OpenCarry.org)

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Post by BB62 »

The reporter's response:

interesting.

i will look into.

tx for the tip, xxx.

barrett
Yes, I do believe in open carry. An openly armed man is clear in his intentions. Concealed carriers are sneaks and skulkers and elitist, boot licking, political contribution making, running dog lackies of The Man. <wink> (thx grumpycoconut - OpenCarry.org)

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Post by maxnobknee »

BB62 wrote:The reporter's response:

interesting.

i will look into.

tx for the tip, xxx.

barrett

Gee ,when I called the Auditor's office they said that might be a mistake, how much do you want to bet that it will be changed before the week is out. Interestingly enough tho, everyone I have talked to from the County on up to the State, thinks that the Ag Society is a quasi-governmental entity. So it all hangs on whether they are truly private or not. :-)
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