Ohioans For Concealed Carry Discussion Forums

BriKuz wrote:I was contacted by Daryl Riffle of the Ag Society. He says that they are a completely private entity, and ORC 9.68 does NOT apply to them. He DID say he would look into the Greene Cty Ag case with legal council.

They are an Independant vs County Ag society but the differences appear to be minimal, the major one I see is that independents can represent multiple counties. It seems that all the other laws apply to both.


I would ask them if they are completely private why do they insure through Public Entities Pool of Ohio, a group that only insures public entities.

From their latest state audit.

The Society belongs to the Public Entities Pool of Ohio (PEP), a risk-sharing pool available to Ohio local governments. PEP provides property and casualty coverage for its members. American Risk Pooling Consultants, Inc. (ARPCO), a division of York Insurance Services Group, Inc. (York), functions as the administrator of PEP and provides underwriting, claims, loss control, risk management, and reinsurance services for PEP. PEP is a member of the American Public Entity.

Excess Pool (APEEP), which is also administered by ARPCO. Member governments pay annual contributions to fund PEP. PEP pays judgments, settlements and other expenses resulting from covered claims that exceed the members’ deductibles.

Thank you, Cashman... i'm about to light these guys e-mails and phones up...

I just sent the following to the fair board pres, the county sheriff, and the county prosecutor. I do not think that, after having this information, they would have any defense whatsoever if a person was to attent the fair armed and get arrested....

Mr. Riffle,

Thank you for your time in discussing the agricultural society's policy on lawful carry of firearms at the fair.

Some information that you may choose to pass to legal council and the fair board:

1) The constitution and laws of the State of Ohio establish the rights and privileges of the
Agricultural Society, Darke County, (the Society) as a body corporate and politic. The Society
is an independent agricultural society corporation formed under Chapter 1711 of the Ohio
Revised Code.

2) Agricultural Societies are created under Ohio Revised Code 1711. This statute allows for a COUNTY or an INDEPENDENT Ag Society to be established.

3) When choosing to form as an INDEPENDENT organization, this does NOT make that organization a private entity. An Ag Society that manages a fairground or creates a fair board to do so, is a political subdivision of the state of Ohio. In other words, ALL Ag societies created under ORC 1711 are public entities. See Greene Cty. Agricultural Soc. v. Liming (2000), 89 Ohio St.3d 551. (http://www.sconet.state.oh.us/rod/docs/" onclick="window.open(this.href);return false; ... io-486.pdf)

4) As all public entities are subject to the General Laws of the state of Ohio, Ag Societies must comply with ORC 9.68 regarding rules and regulations concerning firearms.

5) Under Ohio law, an Ag Society or fair board may post a "No Guns" sign on any building that is not primarily a rest area, shelter, restroom or parking facility. An Ag Society may NOT post any open area.

6) ALL Ag Societies formed under ORC 1711 are bodies corporate and politic, and may sue and be sued. ORC 9.68 allows for a court to award costs and attorney fees should your organization be sued.

7) Lawsuits under ORC 9.68 are easily winnable, but not profitable.

Because the Ag Society is earning money (such as admission fees) while violating a state law, a plaintiff may have a valid reason to ask for punitive damages to be awarded. A reasonable amount to ask for might be an amount equal to the gate admission fees for the last seven years (since ORC 9.68 has been in effect).

I would ask the fair board and the Ag Society to IMMEDIATELY remove any and all signage that restricts the legal open carry or licensed concealed carry of firearms within the fairgrounds.

Please contact me when you have removed the signs, or with a reason for why you have not.

Thanks!

BriKuz

I just went there last night (Tuesday) through and there was no sign on gate. There were sign all over the buildings though and many were blocked by stands and other things. kind of comical what some of the fair vendors do lol. I carried and even casually talked to some of the officers. I did not want trouble so I made very sure I was concealed. Hopefully next year they will be down. I am going to write sherriff throughout the year .

rdf37

did you get pictures of the signs? according to the fair board, the ENTIRE grounds are posted... weapons, concealed or not, are not allowed... (by the fair board's rules)

BriKuz wrote:did you get pictures of the signs? according to the fair board, the ENTIRE grounds are posted... weapons, concealed or not, are not allowed... (by the fair board's rules)

I know they were prominently posted on the front gates on 49 a year or so ago. If those signs are down then something is afoot.

I went through gate 4 and no visable signs

rdf37 wrote:I went through gate 4 and no visable signs

Sorry, no offense intended, gotta do it to add a chuckle: Were there any invisible signs?

Brian D. wrote:

rdf37 wrote:I went through gate 4 and no visable signs

Sorry, no offense intended, gotta do it to add a chuckle: Were there any invisible signs?

There probably were, he just didn't see them.

Seriously, thanks for your efforts, rdf37!

See?! We CAN have fun and still get things accomplished!

they're not down yet... Daryl Riffle is still waiting for legal feedback... they're stalling for the fair to be over...

I hope you get somewhere with this BriKuz. It's been a dead horse for me for the last 3 years. I live in Darke Co and have brought it up several times. I got enough going on right now to NOT be a test case. Maybe next year (2014) I can attend the fair and feel safe at the same time.

I sent another e-mail asking for an update a few days ago... I'm thinking that a 9.68-based lawsuit against an Ag Soc might help with ALL of the fairs...

As was the case with Morrow County, my Fair Board contact did NOT promulgate the information to ANYONE else. Another member of the Fair Board would like someone to come and speak to the board at their next meeting (first Wednesday of each month) which would be on the 2nd of October. Do we have anyone close enough and comfortable enough with public speaking that they could deliver appropriate documentation to the board personally?

Maybe I'll have gas money by then.

What other cities are in Darke county, and how many of those have bad firearms laws?

MyWifeSaidYes wrote:Maybe I'll have gas money by then.

What other cities are in Darke county, and how many of those have bad firearms laws?

Villages[edit source] http://en.wikipedia.org/wiki/Greenville,_OH_mSA" onclick="window.open(this.href);return false;

Ansonia
Arcanum
Bradford
Burkettsville
Castine
Gettysburg
Gordon
Hollansburg
Ithaca
New Madison
New Weston
North Star
Osgood
Palestine
Pitsburg
Rossburg
Union City
Versailles
Wayne Lakes
Yorkshire

Ansonia has a nice little gun store..tell em Marlin Thompson's SIL says hey..