A Lorain man has lost his appeal in U.S. District Court in a lawsuit filed against Lorain City officials where he alleged they were in violation of the law.
Garon Petty filed suit against the city last year under the basis that city officials retaliated against him for exercising his right to free speech under the First Amendment to the United States Constitution, and his rights to assemble and to free speech, according to court documents.
“Petty alleged that the City Council defendants retaliated against him by accusing him of various crimes and untoward behavior, suggesting he was unhinged, and defaming him to divert attention from their own wrongdoings,” the court documents stated. “He also alleged that the City Council Defendants defamed him in an effort to ‘tar and feather’ him and further described their conduct as ‘malicious and wicked’ and part of a dark malicious scheme to damage his reputation for honesty and integrity.”
Both the federal and local courts dismissed the cases which Petty appealed in the Ninth District Court of Appeals in January 2023.
Petty appealed the Lorain County Common Pleas Court’s ruling which granted the motions to dismiss filed by the city of Lorain, Lorain City Council, the 12 Council members and Council Clerk, the ruling stated.
Because Petty’s complaint fails to satisfy notice pleading requirements and state a cause of action under the law, U.S. District Court concludes that dismissal pursuant was appropriate, according to the ruling.
“Accordingly, we affirm the decision of the Lorain County Court of Common Pleas,” stated the ruling.
The allegations
In his complaint, Petty alleged violations of the Open Meetings Act, also referred to as the “Sunshine Law.”
Petty alleged that during Council meetings from July 6, 2021, through June 6, 2022, members sent texts, emails, passed notes and whispered on how to vote on proposed ordinances.
Petty also alleged that some Council members communicated through their personal social media accounts during meetings and block citizens who disagree with them and the city clerk failed to properly maintain meeting minutes properly, the ruling stated.
“A court may dismiss a complaint for failure to state a claim only when, having presumed that all factual allegations in the complaint are true and having made all reasonable inferences in favor of the plaintiff, it appears beyond a doubt that the plaintiff can prove no set of facts that would permit a recovery,” the ruling stated. “Construing the factual allegations in the complaint as true and making all reasonable inferences in favor of Mr. Petty, Mr. Petty can prove no set of facts that would permit recovery in this matter.
“This court explained that ‘deliberations’ involve more than information gathering, investigation or fact-finding. Petty’s sole assignment of error is overruled and the trial court’s judgment entry granting the motions to dismiss is affirmed.
“The judgment of the Lorain County Court of Common Pleas is affirmed.”
Additionally, the court ruled Petty must pay the court costs of the proceedings.
Petty initially asked the court for declaratory judgment and injunctive relief, as well as an award of fines and attorney fees.
“The trial court did not err in dismissing Mr. Petty’s complaint for failure to state a claim upon which relief can be granted,” the ruling stated.
Petty responds
In a response to the ruling, Petty wrote that June 3 was a sad day in Lorain.
The Ninth District Court of Appeals ruling has eliminated the Sunshine Laws/Open Meetings Act in Lorain,” he wrote in response to the June 6 U.S. District Court ruling. “Council is now free to remove rule #3 from its’ rules. Whispering, creating electronic communications during meetings will now be the norm.
“Watching the meetings on the city video camera clearly shows members creating electronic records, which I was denied when requested by 149.43 ORC public records requests. The local trial court and the court of appeals were both sent the videos of texting and whispering during meetings, but expect citizens to be ‘The Great Carnac’ of Johnny Carson fame, to channel the electronic communications created by the Lorain City government during public meetings.
“When the courts don’t follow the Ohio Constitution and revised codes in their rulings, how can we expect the government servants to follow them? I took the attorney general(‘s) sunshine law course as did members of Lorain city council, texting and whispering is prohibited during public meetings according to the Attorney General Yost’s Sunshine Law Booklet.
“Yet the courts, by their ruling Monday, disagree with the Attorney General of Ohio. The citizens of Lorain and Ohio lost big time Monday in our struggle to make government transparent to the citizens.”
Petty was represented by attorney Robert Gargasz during the proceedings.
