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Thread: Dayton O.C. event. Hauntfest on Fifth St. Oct. 31

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    Regular Member RCall's Avatar
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    Dayton O.C. event. Hauntfest on Fifth St. Oct. 31

    In light of the the lack of cooperation from the City of Dayton let's all come together to stand for our rights as set forth by the constitution and by Ohio law. For many years Dayton Police Department has been enforcing an unlawful firearm ban in the historic Oregon Distric during the annual Hauntfest on Fifth St. celebration. City officials have been sent all relevant case law and refuse to give a direct answer as to whether they will comply with state law or, continue to bow to the Oregon District Business Association's continuing unlawful request that the ban be enforced



    In years prior Dayton Police have denied entry to persons choosing to carry firearms and last year one officer went as far as telling one individual he was the law and can do as he chooses and that the police department orders superceded state law.



    Please join us as we gather with one voice at this year's Hauntfest Celebration to tell the City of Dayton we will not tolerate this continued blatant civil rights violation & to have a good time as well. Please invite others to attend. We will meet at Hauntfest 2015 on October 31 at 8:00 p.m at 5th Street and S Patterson blvd in Dayton

    The facebook event page may be located here:

    https://www.facebook.com/events/1671787203045246/

    Also, please note that I am acting as a liaison for the event organizer to get the word out about the event. I will have constant contact with the event organizer to answer any questions that may arise.

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    Last edited by RCall; 09-03-2015 at 09:42 PM.

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    I never heard or read about this event or the ban on carry there until now. How long they been acting like jack wagons?

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    Regular Member RCall's Avatar
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    Quote Originally Posted by Brian D. View Post
    I never heard or read about this event or the ban on carry there until now. How long they been acting like jack wagons?
    I know the event has been going on for at least 10 years. I believe the first I had heard about the ban was from forum member Makarov and that was about 4 years ago. How long they were doing it before that im unsure of.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by RCall View Post
    In light of the the lack of cooperation from the City of Dayton let's all come together to stand for our rights as set forth by the constitution and by Ohio law. For many years Dayton Police Department has been enforcing an unlawful firearm ban in the historic Oregon Distric during the annual Hauntfest on Fifth St. celebration. City officials have been sent all relevant case law and refuse to give a direct answer as to whether they will comply with state law or, continue to bow to the Oregon District Business Association's continuing unlawful request that the ban be enforced...
    It appears that entry to the event area is based on paid admission. On what basis is the firearm ban unlawful?

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    Regular Member RCall's Avatar
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    Quote Originally Posted by BB62 View Post
    It appears that entry to the event area is based on paid admission. On what basis is the firearm ban unlawful?
    Based on the fact that this takes place on a public street and Dayton has not been able to turn over any type of lease agreement between the event organizer and the city on prior records requests.

    There will be further communications with the city in the comming weeks. Information on how to view these communications will be posted here as it becomes available.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by RCall View Post
    Based on the fact that this takes place on a public street and Dayton has not been able to turn over any type of lease agreement between the event organizer and the city on prior records requests.

    There will be further communications with the city in the comming weeks. Information on how to view these communications will be posted here as it becomes available.

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    Interesting! Please keep us posted. If things are nailed down appropriately, I'll publicize it on Facebook.

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    Regular Member solus's Avatar
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    Quote Originally Posted by RCall View Post
    In light of the the lack of cooperation from the City of Dayton let's all come together to stand for our rights as set forth by the constitution and by Ohio law. For many years Dayton Police Department has been enforcing an unlawful firearm ban in the historic Oregon Distric during the annual Hauntfest on Fifth St. celebration. City officials have been sent all relevant case law and refuse to give a direct answer as to whether they will comply with state law or, continue to bow to the Oregon District Business Association's continuing unlawful request that the ban be enforced

    In years prior Dayton Police have denied entry to persons choosing to carry firearms and last year one officer went as far as telling one individual he was the law and can do as he chooses and that the police department orders superceded state law.

    Please join us as we gather with one voice at this year's Hauntfest Celebration to tell the City of Dayton we will not tolerate this continued blatant civil rights violation & to have a good time as well. Please invite others to attend. We will meet at Hauntfest 2015 on October 31 at 8:00 p.m at 5th Street and S Patterson blvd in Dayton

    The facebook event page may be located here:

    https://www.facebook.com/events/1671787203045246/

    Also, please note that I am acting as a liaison for the event organizer to get the word out about the event. I will have constant contact with the event organizer to answer any questions that may arise.

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    Quote Originally Posted by RCall View Post
    Based on the fact that this takes place on a public street and Dayton has not been able to turn over any type of lease agreement between the event organizer and the city on prior records requests.

    There will be further communications with the city in the comming weeks. Information on how to view these communications will be posted here as it becomes available.

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    Just a small curiosity, a query if i might be afforded the opportunity...why would the 'actual' event organizer not have either in hand or access from past events, to appropriate permits and other legalese type documentation in their possession from the municipality to hold said event on the streets of Montgomery county's Gem City? it seems like a tremendous documentation burden to have to recreate all that documentation w/o having a template or previous examples to work from ~ doesn't it? especially if as you profess the event has been held for > ten years as you claim, there should be permits out the wasoooo.

    that stated and you are standing tall with your statement of stating your are the official liaison to the event organizer, which of course would be the Downtown Dayton Partners, a for profit entity, who's governing commission is made of political elected and appointees/prominent community business leaders, have an apparent carte blanch freedom to run as they see fit to promote the business interests of a selective section of the county and is the exclusive sponsor to this and the gaggle other events held in the area. http://www.downtowndayton.org/index....ask=view&id=61

    so Ms Gudorf or Ms Deutsch were contacted and someone else were to inquire about accessing the rules, documentation, applicable permits you are seeking ~ would they the same answer?

    something seems awry to the sniff test for the firefight you would have members preparing for...

    ipse
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    Regular Member RCall's Avatar
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    Quote Originally Posted by solus View Post
    Just a small curiosity, a query if i might be afforded the opportunity...why would the 'actual' event organizer not have either in hand or access from past events, to appropriate permits and other legalese type documentation in their possession from the municipality to hold said event on the streets of Montgomery county's Gem City? it seems like a tremendous documentation burden to have to recreate all that documentation w/o having a template or previous examples to work from ~ doesn't it? especially if as you profess the event has been held for > ten years as you claim, there should be permits out the wasoooo.

    that stated and you are standing tall with your statement of stating your are the official liaison to the event organizer, which of course would be the Downtown Dayton Partners, a for profit entity, who's governing commission is made of political elected and appointees/prominent community business leaders, have an apparent carte blanch freedom to run as they see fit to promote the business interests of a selective section of the county and is the exclusive sponsor to this and the gaggle other events held in the area. http://www.downtowndayton.org/index....ask=view&id=61

    so Ms Gudorf or Ms Deutsch were contacted and someone else were to inquire about accessing the rules, documentation, applicable permits you are seeking ~ would they the same answer?

    something seems awry to the sniff test for the firefight you would have members preparing for...

    ipse
    As I stated in the original post, I will answer any questions that arise. Besides, how else are the members of this forum that may be debating on attending going to know they are not getting involved in something questionable.

    Firstly, I think you may be misunderstanding my affiliation. I am in association with the organizer of the demonstration event. I am not in in any way, whatsoever associated with the organizer of the actual Hauntfest event itself or the orginazation you purport as the Hauntfest organizer.

    Furthermore, the non-profit Downtown Dayton Partnership has no "executive sponsorship" in Hauntfest. I can only assume you came to that conclusion due to the fact that the event is posted on their callender of events. As you can see at the bottom of their callender page there is instructions on how anybody can have events added to the callender.

    The actual organizer of the Hauntfest event is the Oregon District Business Association, a non-profit 501c6 organization. ( Not to be confused with the Oregon Historic District.)

    Let me know if this addresses all of your concerns.


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    Last edited by RCall; 09-09-2015 at 09:06 PM.

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    so the goal is to rally outside the entrance? peaceful protest informing passerby and such?

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    Accomplished Advocate color of law's Avatar
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    One of the goals is to find out legally how the public streets can be blocked or closed to citizens unless the citizen pays a fee to a non-government/private organization to walk the public streets AND then deny them the right to exercise a right.

    The city cannot nor a private organization prevent any citizen from patronizing a business on that street or denying your right to patronizing a business on that street.

    I don't think the object is to protest anything. The object is to make sure that law abiding citizens can walk down those streets open carrying their firearm or for that matter concealed without being harassed by the police.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by color of law View Post
    One of the goals is to find out legally how the public streets can be blocked or closed to citizens unless the citizen pays a fee to a non-government/private organization to walk the public streets AND then deny them the right to exercise a right.

    The city cannot nor a private organization prevent any citizen from patronizing a business on that street or denying your right to patronizing a business on that street.

    I don't think the object is to protest anything. The object is to make sure that law abiding citizens can walk down those streets open carrying their firearm or for that matter concealed without being harassed by the police.
    Was the records request which referenced a lease agreement, street closure resolution, etc. fulfilled?

    if so, can someone post the results?

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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by BB62 View Post
    Was the records request which referenced a lease agreement, street closure resolution, etc. fulfilled?

    if so, can someone post the results?
    A new or second request was just made. The city won't issue permits or whatever until two weeks or less before the event. That way then they can sandbag requests.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by color of law View Post
    A new or second request was just made. The city won't issue permits or whatever until two weeks or less before the event. That way then they can sandbag requests.
    So, assuming no response to the records request prior to the event, is the OC gathering going to be outside the "gates" or is someone going to attempt entry and/or sneak in and refuse to leave?

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    Regular Member RCall's Avatar
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    Really the goal is for this to be rather uneventful. The best outcome would be where the city realizes that they are engaged in an unlawful prohibition of firearms and welcomes us into the event.

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    Regular Member RCall's Avatar
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    Quote Originally Posted by BB62 View Post
    Was the records request which referenced a lease agreement, street closure resolution, etc. fulfilled?

    if so, can someone post the results?
    After some research and some contact with the public affairs department of Dayton we have found that a liquor license and some type of agreement for police services has been entered into only in the week or 2 directly before the event in years past. Our first request was returned with no records found and a note conveying us to try again closer to the date of the event. A second records request was submitted earlier this week. Those records will be made available as soon as we get em.

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    Sounds like an excellent goal...kinda reminds me of how memphis blocks off Beal street on the weekends and scans you with metal detectors. On. Public street.

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    Accomplished Advocate color of law's Avatar
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    As of today Oregon District Business Association Class F liquor license has not been issued. There are some problems with the application.

    I'm sure those problems should get ironed out.

    Once I have an actual permit I'll post.

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    Regular Member RCall's Avatar
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    The following letter was recently sent to several Dayton community leaders as well as the press:


    NOTICE

    This is in regards to Hauntfest on 5th being held on October 31, 2015 in the Oregon district. The Hauntfest is sponsored by the Oregon District Business Association. This event is taking place on the public streets and walkways of Dayton.

    In the past the Dayton police denied entrance to anyone lawfully carrying firearms, openly carried or concealed. This denial is in direct conflict with state law and court decisions.

    I suggest that the city revisit Ohio Revised Code 9.68. As you well know 9.68 mandates that cities follow state law as they pertain to prohibited places for firearm possession/carry. Also, the Ohio Attorney General has weighed in on the issue in A.G. opinion # 2005-15. The Attorney general found that even in circumstances where a fee is charged upon entry, a firearm prohibition is unlawful.

    Also, the State Division of Liquor Control just issued a Class F permit to the Oregon District Business Association. And as you well know Only Class D permits are addressed under Ohio Revised Code 2923.121 dealing with firearms.

    It is also well known that there are a number of businesses (as well as residents) located in the area that the Hauntfest is taking place. Many of those businesses are not members of the Oregon District Business Association nor are they participating in the festivities. Denying customers equal access to those nonparticipating businesses located on public streets would seem counter productive.

    I hope this custom of interfering with citizens rights will cease and desist.

    Your prompt attention addressing this notice would be greatly appreciated.

    Regards,
    -Roy Call

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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by color of law View Post
    As of today Oregon District Business Association Class F liquor license has not been issued. There are some problems with the application.

    I'm sure those problems should get ironed out.

    Once I have an actual permit I'll post.
    The temporary license has been issued. I'm waiting for a copy.

  20. #20
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by RCall View Post
    The following letter was recently sent to several Dayton community leaders as well as the press:


    NOTICE

    This is in regards to Hauntfest on 5th being held on October 31, 2015 in the Oregon district. The Hauntfest is sponsored by the Oregon District Business Association. This event is taking place on the public streets and walkways of Dayton.

    In the past the Dayton police denied entrance to anyone lawfully carrying firearms, openly carried or concealed. This denial is in direct conflict with state law and court decisions.

    I suggest that the city revisit Ohio Revised Code 9.68. As you well know 9.68 mandates that cities follow state law as they pertain to prohibited places for firearm possession/carry. Also, the Ohio Attorney General has weighed in on the issue in A.G. opinion # 2005-15. The Attorney general found that even in circumstances where a fee is charged upon entry, a firearm prohibition is unlawful.

    Also, the State Division of Liquor Control just issued a Class F permit to the Oregon District Business Association. And as you well know Only Class D permits are addressed under Ohio Revised Code 2923.121 dealing with firearms.

    It is also well known that there are a number of businesses (as well as residents) located in the area that the Hauntfest is taking place. Many of those businesses are not members of the Oregon District Business Association nor are they participating in the festivities. Denying customers equal access to those nonparticipating businesses located on public streets would seem counter productive.

    I hope this custom of interfering with citizens rights will cease and desist.

    Your prompt attention addressing this notice would be greatly appreciated.

    Regards,
    -Roy Call
    The press? I hope they will promote the cause!!!!

    Good notice. Now, will they heed the warning?

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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by color of law View Post
    The temporary license has been issued. I'm waiting for a copy.
    I now have an official copy of the temporary Class F liquor permit, application and the letter from the city of Dayton not objecting to the issuance of the permit.
    The documentation supplied by the state does not address any limitations as it relates ORC Chapter 2923.

    The file is just to large to post.

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    Regular Member RCall's Avatar
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    There has just been a stabbing in the Oregon district. This hilights the need to be able to defend yourself there this weekend:

    http://m.whio.com/news/news/crime-la...ebook_2014_sfp

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    Last edited by RCall; 10-29-2015 at 09:04 PM.

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    Regular Member RCall's Avatar
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    I have just received a copy of the police agreement for the event. Dayton was adamant that no lease exists for the event.

    The police agreement can be found here:

    http://www.pdf-archive.com/2015/10/3...en-party-2015/

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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by RCall View Post
    I have just received a copy of the police agreement for the event. Dayton was adamant that no lease exists for the event.

    The police agreement can be found here:

    http://www.pdf-archive.com/2015/10/3...en-party-2015/

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    WOW, section 7 hangs the Oregon Hauntfest festival organizer. Oregon District Business Association is liable for any damages if the police harass or arrest open carriers.

    The City is handing someone a lawsuit on a silver platter. And the City, the police and Oregon District Business Association have all been given notice about the issue.

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    Regular Member solus's Avatar
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    Quote Originally Posted by RCall View Post
    There has just been a stabbing in the Oregon district. This hilights the need to be able to defend yourself there this weekend:

    http://m.whio.com/news/news/crime-la...ebook_2014_sfp

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    sorry, you are trying to hard, a home owner in the area stabbing, with a spear, a burglar isn't even germane to JQPublic needing defence while walking in the district during a special event...

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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