Muni lot

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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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Muni lot

Postby WeinerDog » Fri Aug 09, 2019 5:35 pm

I noticed during the news yesterday about Muni lot rules on game day in Cleveland there was a “no guns” sign. Am I right in thinking that since it’s city owned that the signs are illegal ?
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Re: Muni lot

Postby JustaShooter » Fri Aug 09, 2019 9:57 pm

Correct. And doubly so, since Ohio now has a parking lot storage law.
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Re: Muni lot

Postby WhyNot » Sat Aug 10, 2019 6:49 am

I have always wondered, I do not know.

Is there a bonafide coded ordinance such as ORC, what is the true penalty for disobeying an unlawful sign?
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Re: Muni lot

Postby MyWifeSaidYes » Sat Aug 10, 2019 1:58 pm

WhyNot wrote:I have always wondered, I do not know.

Is there a bonafide coded ordinance such as ORC, what is the true penalty for disobeying an unlawful sign?


No. No such statute exists.

If one chooses to 'disobey an unlawful sign', one risks being prosecuted for 'disobeying a lawful sign'. You will then have the pleasure of discovering the hospitality of one or more of Ohio's finest holding cells, jail cells and possibly even prison cells. You will also meet one or more of your county's "I wanna be a lawyer when I grow up" or "The system is so corrupt that I've completely given up" public defenders, or you'll make some of the highest paid friends you can afford.

If one is lucky, determined or both, one might prove the illegality of said sign and escape these risks, but the possibility is always present.

If one DOES get arrested and THEN proves such sign to be illegal, one WOULD then have 'standing' to file a lawsuit for being 'harmed' by the law, rule or regulation that caused the sign to be posted.

At least, that's only my opinion as I am not a lawyer. :wink:
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Re: Muni lot

Postby JediSkipdogg » Sat Aug 10, 2019 2:25 pm

MyWifeSaidYes wrote:
WhyNot wrote:I have always wondered, I do not know.

Is there a bonafide coded ordinance such as ORC, what is the true penalty for disobeying an unlawful sign?


No. No such statute exists.

If one chooses to 'disobey an unlawful sign', one risks being prosecuted for 'disobeying a lawful sign'. You will then have the pleasure of discovering the hospitality of one or more of Ohio's finest holding cells, jail cells and possibly even prison cells. You will also meet one or more of your county's "I wanna be a lawyer when I grow up" or "The system is so corrupt that I've completely given up" public defenders, or you'll make some of the highest paid friends you can afford.

If one is lucky, determined or both, one might prove the illegality of said sign and escape these risks, but the possibility is always present.

If one DOES get arrested and THEN proves such sign to be illegal, one WOULD then have 'standing' to file a lawsuit for being 'harmed' by the law, rule or regulation that caused the sign to be posted.

At least, that's only my opinion as I am not a lawyer. :wink:


And the issue is...at what cost? And what does one lose in the time? That is one reason why plea deals are offered so much and the majority of people take them. I had a civil suit years ago and even my attorneys wanted to rip me off. It was 33% to them if I settled in which I was guaranteed money, or 40% to them if we went to trial and I also had to pay approximately $5000 to depose my doctor with about a 50/50 guarantee I would win. Which do you think I chose?

If one DOES get arrested and THEN proves such sign to be illegal, one WOULD then have 'standing' to file a lawsuit for being 'harmed' by the law, rule or regulation that caused the sign to be posted.


That part is even harder. There was a big case somewhere a few years back where an officer "thought under good faith" that a motor vehicle issue violated the law. The defendant was ultimately found not guilty, he tried to sue, but they declared the officer and his department immune due to good faith. So winning those cases are extremely hard.

For a trespass sign, I think you would have to prove the sign was posted with intent to harm or not removed after being told it violated state law.


It all sucks, but the law is always on the side of the courts/prosecutors.
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Re: Muni lot

Postby MyWifeSaidYes » Sat Aug 10, 2019 4:32 pm

JediSkipdogg wrote:For a trespass sign, I think you would have to prove the sign was posted with intent to harm or not removed after being told it violated state law.


That's how you choose your target.


JediSkipdogg wrote:It all sucks, but the law is always on the side of the courts/prosecutors.


Well, fortunately, not always.
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