Various things were underlined, bolded, or sized differently below in the e-mail I sent, but I didn't take the time to make what's posted appear identical to it
**Ms. Haley** – please forward this communication, which includes a LEGAL NOTICE, to the Prosecutor
Paul Schmid & Paul Kamphaus,
I’m writing to both of you (copying in the office manager of the Clermont County Prosecutor’s office, Jennifer Haley) to address the fraudulent claim that the Clermont County Agricultural Society is a private entity and that the Fairgrounds are private property - as well as some other chicanery.
I’m also writing to give all recipients (both direct & indirect) of this e-mail **LEGAL NOTICE ** that, if the so-called ‘No Guns” signage (example attached) is not removed by closing time on Wednesday, July 24, 2019, and the Sheriff’s Department and its employees are not properly informed of Ohio law regarding firearm carrying at the Fair, I will enter the Fairgrounds on Friday, July 26, open carrying one or more sidearms, including into buildings. (ORC 2923.126 only addresses *concealed* handgun carry in government buildings, and ORC 9.68 is pre-emptive and addresses open carry)
How we got to this point:
1) Three Sheriff’s deputies (Deputy Summers, Sgt. Baarlaer, and Corporal Cooper) told me this past weekend that 1) the Fairgrounds were private property, that NO GUNS were allowed on the grounds at the request of the “private property owners”, and that a refusal to leave the grounds would result in being charged or arrested for criminal trespass. Among other things, I and each of the officers went back and forth with claims of the fairgrounds being private versus public property.
2) On Saturday, in a phone call initiated by Sgt. Baarlaer, he told me that “we” (presumably the Sheriff’s Department) have been pushing them (clearly meaning the Ag. Society) for five years to post signs, but the Society had refused, citing “zealots”. I asked Baarlaer if “zealots” were people who expected the law to be followed – to which he had no answer.
3) At the Fair on Sunday, Paul Schmid, Ag. Society Director and attorney at law, told me that 1) the Fairgrounds were private property, and 2) the signs were posted at the request of **the Sheriff’s department**.
4) Today, Captain Kamphaus told me that the **Clermont County Agricultural Society** posted the signs of their own volition!
5) Despite prior claims by Summers, Baarlaer, and Cooper, neither Mr. Schmid or Corporal Cooper could address why it was that a resolution (though illegal as applicable to firearms) on the table of contents page of the Fair booklet was in direct conflict to the “NO GUNS” policy as claimed. (see attached picture)
6) Corporal Cooper told me that Captain Kamphaus had been in contact with the Prosecutor’s office. Captain Kamphaus told me the contact was made in order to determine the proper charge to levy (ORC 2911.21) against a gun(s) carrier who, after being requested to do so, failed to leave the “private property” of the Fairgrounds.
7) Etc., etc.
I could go on and on, but it’s apparent to me that one or more individuals/departments/entities listed above, while also possibly being incompetent and/or ignorant of the law, are prevaricating – aka LYING.
To directly address the matter of the claimed “private property” nature of the Fairgrounds and the Clermont County Agricultural Society I suggest the following, for a start:
1) Contact Mike Walker, Deputy Auditor of the Clermont County Auditor’s office. He will tell you that the Fairgrounds are owned by the Clermont County Agricultural Society, and are tax exempt due to ORC 5709.10. Now, either the Agricultural Society has been perpetrating a tax fraud, or it fits into one of the categories enumerated in the just mentioned ORC section, thus: “…property used as a county fairgrounds that is owned by the board of county commissioners or by a county agricultural society, …, which property is hereby declared to be public property…” http://codes.ohio.gov/orc/5709.10
(Exemption of public property)
2) Contact Crystal Jones, Chief Auditor in the Southwest Ohio Office of the Ohio Auditor of State (OAS), who will tell you that the Agricultural Society is indeed a governmental entity (aka ‘political subdivision’) in her geographical audit area. I’m sure she will also be glad to share with you past audits of the Agricultural Society, which are conducted every two years (unless, as has been the case the past two times, “Agreed Upon Procedures” have been approved by the OAS). She will also tell you that the next audit will be conducted for the period December 1, 2017 – November 30, 2019, per ORC 117.114: http://codes.ohio.gov/orc/117.114
3) You can see the following on the OAS website: “The Auditor of State is the constitutional officer responsible for auditing all public offices in Ohio, which encompasses more than 5,900 local governments, agencies and organizations.” https://ohioauditor.gov/financial.html
4) You can determine under what part of the ORC the Ag. Society was established under, and will no doubt find that it’s under ORC Chapter 1711, where you can read the numerous subchapters to your heart’s content: http://codes.ohio.gov/orc/1711
(Agricultural corporations, amusement rides)
5) You can read the Ohio Supreme Court case Greene County Agricultural Society v. Liming, where, among other things, you’ll find “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
6) You can examine the current version of Ohio’s firearm preemption law, ORC 9.68, and the version which will be put in place in December, 2019: http://codes.ohio.gov/orc/gp9.68v1 http://codes.ohio.gov/orc/gp9.68v2
7) You can read the court case Cleveland v. State, which upheld ORC 9.68 as a general, preemptive law: https://www.supremecourt.ohio.gov/ROD/d ... o-6318.pdf
8 ) You should also recognize that the Fair Board, as a political subdivision, is subject to Ohio’s open records law: http://codes.ohio.gov/orc/149.43
Paul Schmid - since you’re an attorney as well as a Director of the Agricultural Society, all the above tasks ought to be no problem for you. I can’t speak for Clermont County Prosecutor Faris, but I’m sure he’ll have no problem with the legalities of the subject matter either.
If, by some chance, any recipient (direct or indirect) of this e-mail finds my legal conclusions or research to be lacking, let me know ASAP. Otherwise, I expect the signage to be removed and the appropriate law enforcement officers enlightened on 1) the law regarding gun carry, and 2) the law regarding gun carry as it applies to the Fairgrounds.
On a separate but related subject, the Fair Board does have the power, under ORC 2923.126 (B) (7), to allow concealed carry in the Fair buildings, and I think that would be a wise and worthwhile thing to do. http://codes.ohio.gov/orc/2923.126
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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