I had too much caffeine last night. Here is my next email to Dublin:
While thinking about Dublin's violation of ORC 9.68, and the violation of my rights, I realized that the city might be relying on some immunities granted under ORC 2744.
So I got to thinking about Dublin putting on events at the park themselves instead of having a private entity organize such events. I have two scenarios. One is based on festivals that take place in other cities around Columbus. The other is based on Dublin and the Dublin Irish Festival.
Other city scenario:
A city closes a city-owned park to lease it, 100%, to a private entity. That private entity can establish their own rules for the park, including a weapons policy and charging admission, for the duration of their lease. Period.
The city still has immunities granted under ORC 2744.
If a city leases out space within a park to private entities, those private entities can establish their own rules for their leased space for the duration of their lease.
However, even if ALL of the private entities asked the city to post a "No Guns" sign at the entrance to the park, the city would be violating ORC 9.68 in doing so. Each private entity would have to post a "No Guns sign" upon each of their leased spaces.
ORC 2744, while establishing tort liability, also reconfirms that the city is a political subdivision and is therefore subject to a lawsuit under ORC 9.68
Also, since the city has closed a taxpayer-funded, city-owned park to the public, but then turns around and invites the public back in at $10 a head, but only on certain days, it is possible this can be seen as a TAX. And that's illegal.
Lawsuits against cities under ORC 9.68 are easily winnable, but not profitable.
In the case of Dublin and the Dublin Irish Festival, Dublin is not only violating ORC 9.68, but is illegally taxing its citizens and others for the use of a public land, under the direct control of the city. This might convince a judge to grant a request for punative damages. An amount equal to the total amount of gate admissions since ORC 9.68 was enacted in 2007 would probably be fair.
Who would I ask to find out what that amount is?
If that amount is not tracked as a separate accounting item, I think a plaintiff would have to ask for punitive damages in the amount of the total revenue from the Dublin Irish Festival since ORC 9.68 was enacted in 2007.
How much revenue (not profit...revenue) has the Irish Festival generated in the last seven years? I'm sure the numbers for this year aren't yet available, but that's okay. I don't need them since I'm not filing a lawsuit.
But someone else might.
I would again advise the City of Dublin to STOP violating ORC 9.68.
THIS INCLUDES ANY EVENT ORGANIZED BY THE CITY.
Council may want to note that their Parks and Recreation Master Plan of 2009 alludes to Dublin 'approving' the Irish Festival but not 'providing' the Irish Festival, to wit:
"Policy 2: The City’s provision of recreation facilities and services are provided for general recreation and will benefit large segments of the population. The private sector or
special interest groups may be Policies, Issues and Strategies accommodated where possible with existing available resources; however, the City typically will not be responsible for providing facilities and services for limited, competitive, private or other alternative types of activities. Residents, corporate citizens and visitors are welcome to enjoy the
benefits offered by recreating in an attractive setting at all public parks and facilities. General public access to specific amenities and/or sites may be restricted due to special events, structured programs or permitted activities approved by the City."
This email is intended to be a public record and should treated and retained as such.
August 6, 2013
What does a caring, sensitive
person feel when they are forced
to use a handgun to stop a threat?