Location: Hyde Park Country Club 3740 Erie Ave. Cincinnati OH 45208

RSVP: Peggy Gruenke peg@fssp-law.com or 513-533-2732

COST $25 includes CLE and Lunch

Topic: Ohio Public Records and Open Meeting Law

Presented by: Christopher P. Finney, Esq. and Curt Hartman, Esq.

Description of Event:  Overview of Statutes and Recent Cases; Ohio Public Records Law and Open Meeting Law – Practical utilization in your practice.

1:00 – 1:30 pm:   Lunch (Dine in or Carry-Out, whichever you prefer)

http://www.nytimes.com/2012/03/06/us/was-that-twitter-blast-false-or-just-honest-hyperbole.html?_r=2&hp

The prosecutor claimed that requesting and obtaining those records through a strawman and using Ohio’s public records statutes trigger reciprocal discovery under Criminal Rule of Procedure 16.  Rule 16 provides that when a criminal defendant makes a request in the criminal case for discovery from the prosecution, that in turn triggers a right in the prosecution for discovery from the defendant.

The City of Cincinnati argued successfully in Municipal Court that the public records request triggered reciprocal criminal discovery (even though the rule provides no such thing).  This week, Hamilton County’s First District Court of Appeals reversed that trial court finding, holding that the use of Ohio’s public records statute to obtain discovery relating to criminal cases does not trigger reciprocal discovery from the defendant, a major win for open records in Ohio.

The case is State of Ohio v. Athon, First Appellate District of Ohio Case No. C-110236 – 110239 (consolidated) and C – 110-290.

Background

Ohio is one of a handful of states with a statute punishing “false” political speech in the context of election campaigns (i.e., in the vast majority of jurisdictions, “free speech” reins and those aggrieved can rely upon common law defamation if they feel aggrieved).  

The position advanced by COAST is that the Ohio Elections Commission has failed to understand a proper role for regulating in the First Amendment arena, improperly making findings in cases dealing with those who participate in electoral campaigns and, indeed, punishing speech that is true, and defensible under the U.S. and Ohio constitutions.

COAST’s opponents filed a Complaint against certain “Tweets” of COAST tying streetcar spending to brownouts of fire departments.  They hoped for a last minute finding against COAST by the OEC and resulting negative press coverage over statements COAST contends are true in the closing days of the 2011 campaign. 

COAST sued in federal court to stop claimed unconstitutional interference in COAST’s free speech rights.  That case is pending before federal district court Judge Michael Barrett.

Actions of the Ohio Attorney General

The Ohio Attorney General is the statutory counsel of the Ohio Elections Commission, defending the OEC in that suit as is his obligation under the Ohio Constitution.  DeWine is also charged in his oath of office with defending the U.S. and Ohio Constitutions.  Thus, it seems he was in a bit of a quandary in defending such an obviously unconstitutional law, and its over-reaching enforcement by the OEC.

Well, this past week, in response to that dilemma, DeWine did a remarkable and brave thing — he filed an Amicus Brief pointing out to the Court the unconstitutionality of Ohio’s False Claims statute.  He is represented by preeminent First Amendment attorney Brad Smith, a former FEC Commissioner, to present this ground-breaking argument. Judge Barrett must still decide the issues in the case, but the trail has been blazed for him by the Attorney General.

Date:  February 15, 2012  Time:  7:00pm – 9:00pm

Location:  Oakley Community Center 3882 Paxton Avenue (Hyde Park Plaza)
Cincinnati, Ohio 45209

Please join us for this special presentation by attorney Christopher P. Finney.  Chris will be discussing the Congressional Ethics Process and case studies on its effectiveness. This event is free and sponsored by the Cincinnati East Tea Party.

Please RSVP to Suzanne Wallace at sew@fssp-law.com.

Date:  February 7, 2012  Time:  7:00pm – 9:00pm

Location:  Eastgate Holiday Inn 4501 Eastgate Boulevard Cincinnati OH 45245

Please join us for this special presentation by attorney Christopher P. Finney.  Chris will be discussing the Congressional Ethics Process and case studies on its effectiveness. This event is free and sponsored by the Clermont County Tea Party.

Please RSVP to Suzanne Wallace at sew@fssp-law.com.

Date:  January 30, 2012  Time:  7:00pm – 9:00pm

Location:  Sharonville Public Library 10980 Thornview Dr  Cincinnati, OH 45241

Please join us for this special presentation by attorney Christopher P. Finney.  Chris will be discussing the Congressional Ethics Process and case studies on its effectiveness. This event is free and sponsored by the Sharonville Tea Party.

Please RSVP to Suzanne Wallace at sew@fssp-law.com.

Date:  January 25, 2012  Time:  7:00pm – 9:00pm

Location:  Anderson Center, 7850 Five Mile Road Cincinnati, OH 45230

Please join us for this special presentation by attorney Christopher P. Finney.  Chris will be discussing the Congressional Ethics Process and case studies on its effectiveness. This event is free and sponsored by the Anderson Tea Party.

Please RSVP to Suzanne Wallace at sew@fssp-law.com

RSVP to Ted Stevenot: Ted.stevenot@communityteaparty.org