Freedom of Information Act Documents

[Lthrnck]

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Does anyone have a good outline or pre set-up form for requesting information under the FOIA.

I was detained today for about 20 to 30 minutes while I was opening carrying in the city park while a Arts & Crafts Festival was going on. I was informed that I could either remove the firearm from the park or I had to Conceal it. That was my choices.If I didn't do one of the two choices I would be arrested for Disorderly Conduct.

It was also said that I was creating a scene, and yelling about my civil rights. This was what the police officers told me when they arrived and stopped me. I want to FOIA all the available data and I don't want them to leave stuff out just because I forgot something or didn't follow the proper procedure.

Andno I was not yelling or creating a scene...I do have proof of that.

So if anyone has any good form letters please let me know where I can get them.

 

[Lthrnck]

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No one have anything..??

 

[kblazk]

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go the the police station and demand EVERYTHING and when they say that they can't give you papers about it start on saying the Freedom of Information Act says they have to.

 

[kblazk]

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Also file a complaint with the department about how you were harrassed while not committing a crime

 

[TrueBrit]

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kblazk wrote:

go the the police station and demand EVERYTHING and when they say that they can't give you papers about it start on saying the Freedom of Information Act says they have to.

A word of caution here, if I may?

I think that it may have been Hawkflyer, in another thread elsewhere on this forum, who advised that one should do the FOIA thing BEFORE filing a complaint.

If I recall correctly, the cops shut up like clams if one files a complaint first, and deny the FOIA stuff, citing ongoing investigation or some such excuse.

Check it out, IANAL, the other fellers here will know more about this stuff than I do, for sure. I guess it makes sense to have all records of the encounter before one proceeds with a complaint?

Best of luck, and thank you for taking a stand over this nonsense! You do all of the OC brigade a big favour by refusing to let this stupidity go unchallenged!

TrueBrit.

 

[Lthrnck]

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Well I'm not gonna let this one slide..

I contacted the AG office a few months ago and advised them that I had contacted several differnt local police agencies and most of them did not know the laws. I suggest at that time that the AG put out some kind of training alert and get the officers and the local PA's up to speed.

But I got that canned e-mail back saying the AG doesnt give opionons to everday citizens.

Well maybe we can get something official now..

 

[reefteach]

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I found this FOIA letter generator:



http://www.rcfp.org/foi_letter/generate.php



I hope it goes well. The dissorderly conduct threat is interesting, seeing how you were not doing any of the follwing:

2917.11 Disorderly conduct.

(A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:

(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;

(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;

(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;

(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;

(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.

(B) No person, while voluntarily intoxicated, shall do either of the following:

(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;

(2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.

(C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) of this section.

(D) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of division (B) of this section.

(E)(1) Whoever violates this section is guilty of disorderly conduct.

(2) Except as otherwise provided in division (E)(3) of this section, disorderly conduct is a minor misdemeanor.

(3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:

(a) The offender persists in disorderly conduct after reasonable warning or request to desist.

(b) The offense is committed in the vicinity of a school or in a school safety zone.

(c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.

(d) The offense is committed in the presence of any emergency facility person who is engaged in the person’s duties in an emergency facility.

(F) As used in this section:

(1) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in section 2133.21 of the Revised Code.

(2) “Emergency facility person” is the singular of “emergency facility personnel” as defined in section 2909.04 of the Revised Code.

(3) “Emergency facility” has the same meaning as in section 2909.04 of the Revised Code.

(4) “Committed in the vicinity of a school” has the same meaning as in section 2925.01 of the Revised Code.

"Do what you have to do" was the response by somebody on this forum durring an idle threat like that.

 

[kblazk]

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I did some FOIA research and only "federal" offices are covered by this, luckily here in Ohio you can get any public record via the state "sunshine law" which makes all public records availiable to the public upon request.



http://www.ag.state.oh.us/legal/sunshine.asp

 

[Lthrnck]

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Okay guys, got the info I needed thanks for the help.

Went over to the Police Station today and requested all the audio, video, and written material on my stop.

Also requested to speak with the City Manager about getting the city ord. off the books. havent heard back from him yet.

The police sgt. told me he would try to get domething to me as soon as possible.

Will keep you informed as I get new info if possible.

 

[Lthrnck]

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I have had a meeting with the City Manager. Also recieved my OPRL request and got the audio file from the calls and the initial report, plus a copy of the City Ord. on No Weapons in the Park ( It actually only took the PD about 2 hours to get it).

I have spoken to a lawyer, and have an appointment on Tuesday evening.

I will update after speaking with the lawyer and getting his thoughts on if I have any case or not.

 

[CPerdue]

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Guns in parks, why does this sound familiar to me ...

I have no clue about OH law and am just learning Va., but someone pointed out to me that Tate v. Dept. of Conservation and Development, (133F. Supp. 53) may be useful to us both. The gist is that States can't violate civil rights nor can they grant a license to someone else to do it.

As I type this I also recall that not all aspects of the federal bill of rights (including the 2nd. A.) have been <legal term I forget, meaning imposed universally> on the states. Bottom line, you have to look to the OH constitution for its position on your RKBA, the feds have recognized your right but not forced the states to do the same, so Tate may not help either of us.

Please let me know what your atty. has to say about this. I'm looking for one myself ...

C.

 

[Lthrnck]

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Well, it appears the City of Englewood is not going to acknowledge my right to OC in the park.

I have tried on 2 different occasions to get them to apolgize and remove or reword the ordinancewith no luck. So I will be retaining legal counsel and suing the city for a civil rights violation.

Also it appears according to my lawyer that they have not only violated my civil rights, but have commited a misdermeaner chargeunder ORC 2921.45 for violating my rights while using a public office.

So will keep you informed as new information comes available.

 

[Demarest]

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I am very glad to hear you will be fighting this full force.

Lthrnck wrote:

Well, it appears the City of Englewood is not going to acknowledge my right to OC in the park.

Well then it's time to remind them that they don't have a choice. Home Rule never extended to localities the ability to legislate matters of statewide concern. This has been established by OSC. Of course firearms is a matter of nationwide concern so their abuse for having any such statute/precedent is that much more pronounced.

Then, when many cities started tripping up the innocent *raises hand*, our legislation was kind enough to pass a law strictly forbidding localities to legislate on the matter of firearms at all and expressly included open carry.

Finally, the JBT's on scene, the prosecutor, the judge, and the mayor have all sworn an oath to the Constitution. Punch all this into your calculator and it occurs to me that they don't have a choice to not acknowledge your right to open carry.

 

[JSK333]

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Lthrnck wrote:

Also it appears according to my lawyer that they have not only violated my civil rights, but have commited a misdermeaner chargeunder ORC 2921.45 for violating my rights while using a public office.

So will keep you informed as new information comes available.

I am very interested to hear what comes of the 2921.45 charge. I have longwondered why those who have been hassled for OC'ing in Ohio have not used this code before. It seems a very straight-forward avenue.

Please keep us (or at least me) updated on that end of it too!