ORC 4582.06: The Eastlake Port Authority may not make any rule which is in conflict with at general law
I've previously sent a letter asking for resolution on both the Port Authority and Eastlake Police effecting a ban on the carry of firearms at the Eastlake Seawall/Fishing Pier. I have not recieved any response whatsoever and my phone conversation with Lt. Tom Doyle was fruitless.
The Eastlake Port Authority has no authority to effect a rule or law which is in conflict with a general law (such as ORC 9.68). State law specifically preempts local law and rules in respect to the regulation of the carry of firearms openly or concealed. This can be found in the Ohio Revised Code 4582.06 and ORC 9.68.
The text of this law states that the only way firearms can be regulated by local government is in regards to discharge of firearms and zoning regulations for commercial firearms sales.
Per ORC 9.68 The City of Eastlake and the Eastlake Port Authority do not have the authority to enforce a ban on carrying firearms at the Eastlake Seawall or any other public lands.
It is conceivable that the Eastlake Port Authority and the City of Eastlake were not aware at the time this "rule" was put into effect that it was preempted by the laws of the State of Ohio. Consider this letter to be notification that the City of Eastlake and the Eastlake Port Authority are not in compliance and will not be able to claim ignorance in the future on such matters.
Now that the Eastlake Port Authority and the City of Eastlake are aware of the conflict, any further enforcement would constitute a knowing violation of law that will expose not only the Port Authority to civil liability but also each individual board member to personal liability as well (per ORC 4582.031).
I ask that a representative of the Eastlake Port Authority and the City of Eastlake respond in writing to this inquiry stating that the so-called "firearms ban" is not in effect and will not be enforced by employees of the City of Eastlake or the Eastlake Port Authority.
Your prompt response is appreciated in this matter.