Lucas county fair

A sub-forum for the purpose of discussing ORC 9.68 compliance. This sub-forum is strictly for the discussion of progress in individual cities and their respective parks.

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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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esprrfan2001
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Lucas county fair

Post by esprrfan2001 »

Lucas County fair is posted no carry at the gates and entry ticket booth as of 12 Jul 19 at 130pm. How do we go about getting these removed?
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Re: Lucas county fair

Post by esprrfan2001 »

How do I ad a picture?
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JustaShooter
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Re: Lucas county fair

Post by JustaShooter »

To post a picture it has to be hosted on the internet somewhere (instagram, imgur, etc.). If you don't have an easy way to do that, PM me and I'll send you my email address so you can send the pictures to me and I'll host them.

As to the issue of them posting the fair, an email to the fair board letting them know they can't do that due to ORC 9.68 would be a start. Copy the county law director... I can't remember if MWSY has posted one of his letters in the forum, if you can find one it might give you a template you can follow.
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esprrfan2001
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Re: Lucas county fair

Post by esprrfan2001 »

Thank you again. And if anyone has a sample letter i'd like to see it so I can start the process with the fair board.
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sodbuster95
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Re: Lucas county fair

Post by sodbuster95 »

I’m not sure this one is quite so simple. The fair grounds are, in fact, owned by the County. However, they are leased to the County Agricultural Society (who then sub-leases a portion back to the County in a convoluted fashion.) The County Agricultural Society is quasi-governmental, but probably more private than government. Meaning...they are likely permitted to post as a private entity under 2923.126(C)(3)(a) outside 9.68.
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rickt
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Re: Lucas county fair

Post by rickt »

What about the OSC decision Greene Cty. Agricultural Soc. v. Liming (2000)? It says in there, "A county agricultural society is a political subdivision pursuant to R.C.
2744.01(F)."
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Re: Lucas county fair

Post by Cruiser »

rickt wrote:What about the OSC decision Greene Cty. Agricultural Soc. v. Liming (2000)? It says in there, "A county agricultural society is a political subdivision pursuant to R.C.
2744.01(F)."
What he said!
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sodbuster95
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Re: Lucas county fair

Post by sodbuster95 »

rickt wrote:What about the OSC decision Greene Cty. Agricultural Soc. v. Liming (2000)? It says in there, "A county agricultural society is a political subdivision pursuant to R.C.
2744.01(F)."
That decision has 2 components: “(1) Is the Society a political subdivision for purposes of R.C. Chapter 2744? and (2) If the answer to the first question is yes, was the Society engaged in a governmental function in performing the actions at issue?”

The holding in the above case skipped over the question of whether conducting a county fair was a governmental function and focused exclusively on the hog show that was at issue at the time. The closest they came was, in dicta, stating that “t is apparent to us that even though conducting a county fair may be an activity not customarily engaged in by nongovernmental persons, conducting a livestock competition is an activity customarily engaged in by nongovernmental persons.” (Emphasis mine.)

I would guess that the Agricultural Society would argue that the fair is not a governmental function and, therefore, that the operation thereof is entirely non-governmental. Thereby taking them out of the realm of quasi-governmental agency.

Which is not to say I think that they’re right...just that I think that’s what they would argue.
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MyWifeSaidYes
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Re: Lucas county fair

Post by MyWifeSaidYes »

RC 1711.13
RC 1711.14
RC 1711.15
and a few others seem to confirm the running of a fair is a governmental function.
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sodbuster95
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Re: Lucas county fair

Post by sodbuster95 »

Well...I’d say write them a letter and see what they say. Obviously, nothing will change this year, but I’m happy to be wrong on this point.
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JustaShooter
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Re: Lucas county fair

Post by JustaShooter »

Picture of sign:
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JustaShooter
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Re: Lucas county fair

Post by JustaShooter »

Closeup of sign:

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