53882 05132016

Those Emails, Texts, and Tweets Qualify As a Public Meeting

For years, I have been advising municipal clients to avoid email and text messages.  Not because I am anti-technology (I could not live without my iPhone), but because of its implication of Ohio’s Open Meetings Act.  And last week, the …

51472 03142016

If You Have Auxiliary Officers, You Must Comply With This New Law

Each county, municipal corporation, township, township police district, and joint police district with a police or sheriff’s department that employs volunteer peace officers, must comply with newly created R.C. Chapter 143, and quickly. The General Assembly recently established the Volunteer …

50033 03072016

Your Mandatory Rental Inspection Code is Unconstitutional

Last month, the United States District Court in Cincinnati held the Portsmouth Rental Dwelling Code (RDC) violated the Fourth Amendment insofar as it authorized warrantless administrative inspections. Facing an aging, dilapidated housing stock that was turning into rental properties, the …

Armed (but not necessarily) Dangerous

On a mid-summer evening, a 911 call in Toledo reports “a guy walking down the street” with his dog “carrying a gun out in the open.”   Upon further inquiry from the dispatcher, it was determined to be a handgun, not …

Sign Code 101 – Make it Content Neutral

If you have not looked at your sign code in a long time, there is no time like the present. Last week the United States Supreme Court reminded us that content-based regulations of speech (like your sign code) rarely survive …

Photo Lineups – You Better Have A Policy For That

Last month in State v. Hill, 2015-Ohio-1456, the Ohio Supreme Court had the opportunity to review Ohio’s photo lineup procedure. R.C. 2933.83, effective July 2010, governs the administration of photo and live lineups and is aimed at preventing the use of …

Right to Prohibit Arms

A political subdivision’s ability to prohibit firearms is limited.  Everyone knows the Ohio Constitution makes clear “the people have the right to bear arms for their defense and security.”   Likewise, R.C. 9.68 states that unless “specifically provided by the United …