rDigital
Regular Member
I was asked to leave the Eastlake Fishing Pier by a man claiming to be from the Eastlake Port Authority. I told him what I thought about that in no uncertain terms and left of my own accord. He called the Eastlake PD and I was stopped later down the street and they told me that I could not carry there either. I'm kind of flustered by the whole thing.
They charge non-residents to fish there, but not residents. I'm a resident.
I sent this letter to the police and city authorities.
Dear Sirs,
It has come to my attention that individuals supposedly operating under the authority of the Eastlake Port Authority have been taking the law into their own hands.
On 08/04/2010 I was accosted by an individual claiming to represent the Eastlake Port Authority. He refused to identify himself and did not offer any credentials upon request. I was openly carrying a firearm while fishing and he told me that I was to leave the premises at once.
I informed him that he was mistaken and that there is no legal basis for him asking me to leave the premises. I'm an Eastlake resident and I was fishing with my girlfriend. I did not want to have an argument, so I left of my own accord.
There is no current signage stating that the carry of firearms is unlawful at the seawall.
I was later stopped in my vehicle by Patrolman Will L**** and he notified me that I am not to carry my firearm at the Eastlake Fishing Pier. I informed him that it was public property under lease to the city and that I'm allowed to carry there. He did not agree and we went our separate ways. He is a very professional officer and was at all times polite and sincere.
Under the Ohio Revised code (9.68) the carry of firearms on publicly owned or leased lands is only governable by the laws of the State of Ohio and Federal law. No local ordinance can restrict the carry of firearms openly or concealed on publicly owned or leased lands.
If a challenge were presented to this "rule", no firearms at the seawall/fishing pier, in court it would surely be found to be unconstitutional and the City of Eastlake would be responsible for all costs and reasonable attorney fees incurred in bringing legal action. This has already been ruled on by the Ohio Supreme Court in OFCC vs Clyde. Link to: http://www.supremecourt.ohio.gov/PIO/su ... 070960.asp
Also, when any government official uses the authority of their office to deny a civil right to a citizen they are personally liable for deprivation of rights under color of law. This is a Federal Offense: http://www.law.cornell.edu/uscode/18/us ... -000-.html
I ask that this issue be resolved before involving my legal counsel becomes necessary.
I appreciate your prompt response in this matter,
Sincerely,
Bryan L******
Link to ORC 9.68 http://codes.ohio.gov/orc/gp9.68
They charge non-residents to fish there, but not residents. I'm a resident.
I sent this letter to the police and city authorities.
Dear Sirs,
It has come to my attention that individuals supposedly operating under the authority of the Eastlake Port Authority have been taking the law into their own hands.
On 08/04/2010 I was accosted by an individual claiming to represent the Eastlake Port Authority. He refused to identify himself and did not offer any credentials upon request. I was openly carrying a firearm while fishing and he told me that I was to leave the premises at once.
I informed him that he was mistaken and that there is no legal basis for him asking me to leave the premises. I'm an Eastlake resident and I was fishing with my girlfriend. I did not want to have an argument, so I left of my own accord.
There is no current signage stating that the carry of firearms is unlawful at the seawall.
I was later stopped in my vehicle by Patrolman Will L**** and he notified me that I am not to carry my firearm at the Eastlake Fishing Pier. I informed him that it was public property under lease to the city and that I'm allowed to carry there. He did not agree and we went our separate ways. He is a very professional officer and was at all times polite and sincere.
Under the Ohio Revised code (9.68) the carry of firearms on publicly owned or leased lands is only governable by the laws of the State of Ohio and Federal law. No local ordinance can restrict the carry of firearms openly or concealed on publicly owned or leased lands.
If a challenge were presented to this "rule", no firearms at the seawall/fishing pier, in court it would surely be found to be unconstitutional and the City of Eastlake would be responsible for all costs and reasonable attorney fees incurred in bringing legal action. This has already been ruled on by the Ohio Supreme Court in OFCC vs Clyde. Link to: http://www.supremecourt.ohio.gov/PIO/su ... 070960.asp
Also, when any government official uses the authority of their office to deny a civil right to a citizen they are personally liable for deprivation of rights under color of law. This is a Federal Offense: http://www.law.cornell.edu/uscode/18/us ... -000-.html
I ask that this issue be resolved before involving my legal counsel becomes necessary.
I appreciate your prompt response in this matter,
Sincerely,
Bryan L******
Link to ORC 9.68 http://codes.ohio.gov/orc/gp9.68