Ron Paul Free Speech - Charged with Wrong Offense

[Ron R]

I hung a 3'x10' Ron Paul banner on a freeway overpass with bungy cords. Ten minutes later, while standing next to the banner waiting for others to arrive for a sign wave, two policemen cut the banner down and accused me of hanging all of the banners throughout the city. I told them that I had nothing to do with that and that I was going to take this one down after rush hour and after our sign wave......why else would I hang it with bungy cords and stand there?

The police had difficulty finding what to charge me with, but they settled on code 613.11 (Throwing or Distributing Handbills in Public Places).

Clearly, my banner was not a handbill and I wasn't littering. They charged me with the wrong offense - if there is an offense for what I did.

I'm 43, employed and have never been charged with anything other than a traffic infraction.

How can I get this dismissed? I can't afford a lawyer or the $176 fine.

 

[Zigner]

US Law Only - WHEN POSTING A QUESTION, YOU MUST INCLUDE THE NAME OF YOUR STATE

 

[Ron R]

I'm in Ohio.

 

[quincy]

You may want to check out the Intermodel Surface Transportation Efficiency Act (1991) and the Revised Code of Ohio Chapter 5516. In doing so, you may decide you want to stick with the $176.00 littering fine.

 

[seniorjudge]

You cannot put signs, etc. on highway property.

Period.

End of story.

Even if.

 

[Ron R]

Ron paul Sign - Charged with Wrong Offense

You may want to check out the Intermodel Surface Transportation Efficiency Act (1991) and the Revised Code of Ohio Chapter 5516. In doing so, you may decide you want to stick with the $176.00 littering fine.

Thanks. I reveiwed both and I accept that the public is served by regulating freeway advertising. I'm not disputing that. In fact, if I were charged with somethign that said that, I'd simply pay the fine, although I'd hate to have something on my record. My issue is strictly legal. I was charged with the WRONG OFFENSE.

Is that a basis for dismissal? If not, why not? If I shoplifted, but was charged with arson, wouldn't a judge have to dismiss the arson charge?

 

[Curt581]

Is that a basis for dismissal? If not, why not? If I shoplifted, but was charged with arson, wouldn't a judge have to dismiss the arson charge?

Maybe... but if a judge has to dismiss, what's to stop the officer from reissuing under a different offense?

What... you thought you'd get a straight dismissal and that would be the end of it?

 

[quincy]

Sorry. I screwed up with ISTEA - it is now SAFETEA-LU, but the advertising regulations remain.

If you want to fight a $176 local ordinance littering fine, and replace it with a $500+ State fine, I say go for it.

 

[Ron R]

Maybe... but if a judge has to dismiss, what's to stop the officer from reissuing under a different offense?

What... you thought you'd get a straight dismissal and that would be the end of it?

I'd have to accept that if it happened. If it did, then I think the fine would be $100.

Even so, common sense suggests that a warning would've been sufficient and $176 is a stiff fine for something that even the Police couldn't determine was illegal. In fact, there were a couple "Sherrif Election" banners hanging on other overpasses.....how ironic.

 

[Ron R]

If you want to fight a $176 local ordinance littering fine, and replace it with a $500+ State fine, I say go for it.

Can they do that in municipal court? Is that realistic?

I've since learned that a nearby city has such an ordinance (804.01) and that fine is only $100.

 

[seniorjudge]

Can they do that in municipal court? Is that realistic?

I've since learned that a nearby city has such an ordinance (804.01) and that fine is only $100.

Yes; the city prosecutor can call up the state prosecutor and they can make a deal to dismiss the city charge and replace it with a state charge. It's done all the time.

You were charged with distributing handbills (but since you didn't bother posting the language of the ordinance, we're all in the dark).

However, here is one definition of distributing handbills: "I hung a 3'x10' Ron Paul banner on a freeway overpass with bungy cords."

 

[quincy]

General Offenses Chapter 613 Littering - 613.11, Ordinance No. 1695 - Throwing or Distributing Handbills is a minor misdemeanor and may be enforced by issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedures. A fine for a minor misdemeanor is up to $150 plus court costs (the maximum was $100 prior to 2004). The 613.11 ordinance states that "no person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city....the person shall not hamper or interfere with pedestrian or vehicular traffic."

Ordinance 613.11 is comparable to the Traffic Code's Codified Ordinance 403.08, Littering.

If charged under Chapter 5516 of the State Code, however, the penalty is not less than $100 nor more than $5000 for displaying your Ron Paul banner on a highway overpass. Now that is what I call a "stiff fine". (My $500 figure above was a bit low, by the way).

 

[Ron R]

You were charged with distributing handbills (but since you didn't bother posting the language of the ordinance, we're all in the dark).

However, here is one definition of distributing handbills: "I hung a 3'x10' Ron Paul banner on a freeway overpass with bungy cords."

Thanks for everyone's comments. This has been very helpful...in the sense that I'm starting to realize that our fine government will find a way to punish me severely for the slightest infraction, even if their own Police can't charge me correctly and their own candidate for sherrif is breaking the same law.

Welcome to the big hand of government and power gone amok.

 

[Zigner]

Thanks for everyone's comments. This has been very helpful...in the sense that I'm starting to realize that our fine government will find a way to punish me severely for the slightest infraction, even if their own Police can't charge me correctly and their own candidate for sherrif is breaking the same law.

Welcome to the big hand of government and power gone amok.

I'll tell you what...if *I* had to sit in the traffic caused by your stunt...it might just give me the wrong idea about your candidate

 

[Ron R]

I'll tell you what...if *I* had to sit in the traffic caused by your stunt...it might just give me the wrong idea about your candidate

If the American media and the political machine didn't work together so effectively to blackout all positive coverage of Dr. Paul, then I wouldn't have to be out there in 18 degree weather with a banner. I did that because I care about this country enough to actually do something about it....not just bitch and moan. I see where this country is headed, and Ron Paul was the only candidate with any real chance who spoke the truth. The others are puppets.

If there were a million Americans like me, then we wouldn't be the American sheeple. We'd have our countrry back instead of 9 trillion dollars of debt, a corrupt monetary system, and endless foreign entanglements.