July 30, 2004
Dayton Daily News

Challengers argued it violated state law

ARCANUM | Village officials have modified an ordinance that had banned the carrying of concealed handguns into village lands and parks after gun advocates challenged that Arcanum was violating state and federal law.

The village council in May passed the ordinance despite Ohio's new concealed carry handgun law that permits a person with the proper license to carry a handgun into such places.

The new law includes a long list of places where concealed carries are prohibited, which does not include publicly funded parks and lands.

The village council voted Tuesday to modify the ordinance, removing language that included parks and lands so that Arcanum's village law mirrors the new state law.

"We are very pleased that they chose to do this," said Ken Hanson, office of general counsel for Ohioans for Concealed Carry. "We were able to engage in dialogue and present legal reasoning to avoid litigation, and that's exactly what happened. It's the reasonable and rational way to do things — no litigation, no hurt feelings."

Village officials could not be reached for comment Thursday.

At the heart of the dispute was whether local governments can approve ordinances that reverse state laws. In particular, can local municipalities ban concealed guns from public parks and other public land?

In this case, the Ohio attorney general's staff said the village was in violation of the new state concealed-carry law.

After learning about Arcanum's more restrictive ordinance in May, Bruce Beatty, a former lobbyist for the concealed-carry law and a Wood County resident, asked the village to repeal the ordinance. He attended a village meeting in June and threatened to sue Arcanum if officials in the Darke County village did not repeal the ordinance. He said pressure from him, gun advocacy groups and the state attorney general's office turned the village around.

"They finally figured it out that they put themselves in legal jeopardy, both criminally and civilly," he said. "This finally is showing respect for the rule of the law."

UPDATE! The Associated Press covered this story, and it has been reprinted in newspapers across the state.

Related Stories:
LOCAL MUNICIPALITIES RECEIVE FINAL WARNING REGARDING ILLEGAL GUN BANS

Section 9: Clyde officials squirm; Cleveland, Willougby & Hamilton back down

OFCC responses in blue:

July 30, 2004
Cleveland Plain Dealer

The media are the public's only access to concealed-carry permit records

In the past two days, The Plain Dealer ran a list of the Northeast Ohioans who applied for and got a license to carry a concealed weapon.

We were able to do so because the state legislature, bowing to Gov. Bob Taft's threat to veto a bill with no public access provision at all, gave the news media access to the list. The general public is not allowed to see it.

And in so noting this fact, Clifton has just admitted to subverting the will of the General Assembly by printing these people's private information.

From the start, The Plain Dealer opposed that media-only provision, and so did most news organizations. We don't believe the media should have access to records that the general public is denied.

We agree. Thus, the media exception to the protection of these records should be removed immediately. These newspaper editors have proven they cannot handle the responsibility.

And, like the governor and millions of others across the country, we believe licensure information of all kinds should be open to public view.

Concealed-carry advocates have a decidedly different view. That became abundantly evident during the negotiations to pass the law and exceedingly so after we published the list.

Click on the "Read More..." link below for more.

July 28, 2004
Editor & Publisher

Doug Clifton Defends His Paper's Action on Guns on NRA Radio Program

by Joe Strupp

NEW YORK Editor Doug Clifton of The Plain Dealer in Cleveland, who drew attacks from a gun rights group after publishing lists of local residents who carry concealed weapons permits, defended his position Thursday during an appearance on a National Rifle Association radio program, in which he admitted owning a pistol and appreciating gun rights.

“I have had guns my whole life, I have a gun in my home – a pistol,” Clifton said during the 30-minute appearance on Cam & Company, which can be heard on satellite radio and via the NRANews.com web site. “Once I retire, and have more time, I will probably buy a rifle and shoot skeet.”

Clifton, whose paper during the past two days published some 3,000 names of residents who have obtained concealed weapons permits since a new state law took effect in April, also will defend the decision in a column running Friday.

The editor’s efforts to explain the paper’s actions followed an apparent attempt by a local gun rights group – Ohians For Concealed Carry (OFCC) – to intimidate him by posting Clifton’s photo, address, phone number and family information, along with a map to his home, on its Web site Wednesday.

Clifton said the posting of his personal information sparked 40 phone calls to his home during the past two days, along with several e-mails. “People were calling late into the night last night, and they began again today at 6 a.m.,” Clifton said Thursday. “Most of it seems to be focused at home, but it is tapering off.”

The uproar stems from the Ohio legislature’s approval in January of a new law allowing residents to carry concealed weapons, but enabling only the news media to find out the names of those obtaining such permits. The law took effect in April.

On Wednesday, The Plain Dealer began publishing the names, ages and home counties of the 3,000 local residents who have taken out such permits, citing the public's right to know. The paper published about 1,500 names over a full page Wednesday and another page and a half of the remaining names on Thursday.

The Plain Dealer is the fifth Ohio daily to run the names of permit holders since they began to be issued, but the only one to put them online.

“I don’t think there is anything intrinsically invasive about the public having access to this information,” Clifton said during the radio interview. “I think it is important.”

Clifton also defends the paper in a special column slated to run in Friday’s Plain Dealer, and made available to E & P, pointing out that he would not list the names if they were available to every resident.

“From the start, The Plain Dealer opposed that media-only provision, and so did most news organizations,” he writes. “We don't believe the media should have access to records that the general public is denied. And, like the governor and millions of others across the country, we believe licensure information of all kinds should be open to public view”

Commentary:
February 13, 2004, Boycottwatch.org:

"One person who intends to obtain a permit said he would publish the names and home addresses of the Plain Dealer reporters if the Plain Dealer published the names of permit holders, to which Managing Editor Tom O'Hara replied: "They are welcome to do whatever they think is right."

OFCC has only republished information which Clifton (or the government) has already made public. Clifton's home address and phone number are listed at Anywho.com. Tax records on home purchase are public record. His photo and family information is published at the National Freedom of Information Coalition website, where he sits on the governing board.

If anyone is guilty of intimidation, it is Mr. Clifton. He has made public information about private citizens the General Assembly sought to protect.

OFCC's Jim Irvine will present OFCC's viewpoint on the Plain Dealer's abuse of the media access privilege Friday on NRANews.com. The program airs from 2:00 p.m. - 5:00 p.m. Eastern.

July 28, 2004
Editor & Publisher

NEW YORK When Ohio legislators approved a new law allowing residents to carry concealed weapons, but allowed only the media to find out the names of those obtaining such permits, The Plain Dealer in Cleveland decided to let the public know which of their neighbors were on the list.

Starting Wednesday, the paper began publishing the names, ages and home counties of the 3,000 residents who have taken out such permits, citing the public's right to know.

"We don't think the public should be denied access to the names at all," said Plain Dealer Editor Doug Clifton, who published about 1,500 names over a full page Wednesday and planned to run a page and a half of the remaining names on Thursday. "We figured it was our obligation to share it with the broader public."

But that did not sit well with a local gun rights group, which aimed its opposition to the publication effort directly at Clifton. Ohioans for Concealed Carry (OFCC) posted Clifton's home address, phone number and even a map to his house on its Web site Wednesday. The group claimed that if readers have a right to know who has concealed weapons, they have a right to know Clifton's personal information.

"The Plain Dealer was one of the first to publish its intention to abuse the media access privilege, granted after Gov. [Bob] Taft insisted that reporters could act as a check and a balance to insure that licenses were being issued appropriately," the OFCC Web site states. "The editor believes in open records. Thus he should certainly have no problem with OFCC publishing his home address and telephone number."

OFCC also posted information about the cost of Clifton's house, his personal background and educational information, and how many children and grandchildren he has.

Clifton, a longtime leader in the Freedom of Information battle and former chair of the American Society of Newspaper Editors FOI committee, said the information went up at noon Wednesday and sparked a flurry of phone calls to his home. "There has been a steady stream of phone calls, some of them obscene," he said. "I talked to my wife at about 3 p.m. and she said they were coming about one every two minutes."

The veteran editor, who said he has always had a published phone number, hoped he would not have to change it, and did not expect to alter the paper's plans for publication of the names, which will include a monthly update on any new concealed weapons permit registrants. "I'm going to play it out and see what happens," he said. "I hope no one gets it in their head to come knocking on my door."

The Ohio legislature passed the law in January, according to Clifton, who said the new legislation took effect in April. The Plain Dealer did not publish the lists until now because it needed time to compile the names and get all of the information together, he said.

The Plain Dealer is the fifth Ohio daily to run the names of permit holders since they began to be issued, but the only one to put them online.

Editor Matt Westerhold of the Chronicle-Telegram in Elyria, one of the other papers running the lists, said he had received some angry phone calls and letters, but nothing more. "It is valuable public information," he said about the decision to run the names. "It was very strange for them to allow only the media to [have access to the names]."

Commentary:
February 13, 2004, Boycottwatch.org"

"One person who intends to obtain a permit said he would publish the names and home addresses of the Plain Dealer reporters if the Plain Dealer published the names of permit holders, to which Managing Editor Tom O'Hara replied: "They are welcome to do whatever they think is right."

One gun owner and concealed carry permit advocate who prefers to remain anonymous observed, "The Plain Dealer wants to intimidate people from engaging in a legal activity. It is like obtaining a list of gay public school teachers and publishing it in order to intimidate them."

As regular readers of this website know, OFCC has only ever advocated friendly, polite grassroots activism. In this case, calls to Mr. Clifton have not even been suggested. By publishing his private information, we simply hope to see if Mr. Clifton is as big a believer in open access to public records as he claims.

Clifton's newspaper published the names of nearly 3000 more concealed handgun license-holders today, from Geauga, Lake, Lorain, Medina, Portage and Summit counties.

Concealed handgun license-holders take this violation of privacy and abuse of the media access privilege very seriously. There are many reasons.

For example, Ohio gun-ban extremist Toby Hoover is on record encouraging employers to consider whether or not a potential new-hire is a CHL-holder before hiring.

Instances of criminals targeting particular locations they know to contain specific valuables (such as firearms), and staking out or casing residences to make sure no one is home, are common and well documented.

Some persons who seek to bear arms for self-defense are trying desperately not to be found - such as battered wives hiding from their former husbands.

What if the violent stalker who was shot by this Indiana woman had known in advance that she was carrying? ''God's grace'' (and concealed firearm) saves Indiana woman's life.

What if this armed criminal had known in advance this Toledo CHL-holder had just received his concealed handgun license? Clerk says he shot to save his life in robbery.

Editors at the Cleveland Plain Dealer apparently care nothing for people like this in Ohio, much less about your opinion.

In a recent news story, the Ft. Wayne News-Sentinel raided the privacy of concealed handgun license-holders, and "outed" a few high-profile people. Most interestingly, the list included the anti-gun editor of a competing paper - the Ft. Wayne Journal-Gazette's Tracy Warner.

The editors at the News-Sentinel were kind enough to ask their readers if they believed the paper should proceed with plans to make the entire list of Allen Co (IN) CHL-holders available online (something editors at the Cleveland Plain Dealer, Elyria Chronicle-Telegram, Lorain Morning Journal, Sidney Daily News and Warren Tribune Chronicle haven't had the courtesy to do!).

95% of News-Sentinel readers told the paper to trash their idea. Could this be why member of the Ohio Newspaper Association haven't bothered to ask?

Clifton says he hopes "no one gets it in their head to come knocking on my door." Thanks to his actions, thousands of concealed handgun license-holders must endure this same concern.

"CHL-holders must now endure the negative effects of the Plain Dealer's actions 24-hours a day," said Chad Baus, OFCC Spokesperson. "If Clifton experiences a bit of inconvenience, it will be solely as a result of his actions against thousands of people who have broken no laws, violated no other persons' rights, and who simply wish to exercise their constitutional right to self-defense."

These editors claim they are acting "to give the rest of the public what the legislature denied it." Quite the contrary. By publishing these lists, liberal news editors are denying a whole class of people (who are already being proven as some of the state's most law-abiding citizens) something the legislature is obligated to protect - the individual right to privacy.

"To read the many complaints about the public records provision from the state's liberal media, one can't help but wonder whatever happened to their concerns for privacy," said OFCC PAC Chairman Jim Irvine. "That subject used to be a media favorite, but it seems to drop off their radar screen when it comes to law-abiding gun owners. We want everyone to know it hasn't dropped off of ours."

Click on the "Read More..." link below to read the first of what are likely many letters to the Plain Dealer about their irresponsible actions.

OFCC also announces move of corporate account to bank more friendly to self-defense rights

Ohioans For Concealed Carry has announced that it is moving the Tony Gordon Memorial Fund, as well as OFCC's own corporate bank accounts, to banks which do not restrict Ohioans' constitutional right to bear arms for self-defense.

At the preference of his family, the Tony Gordon Memorial Fund was created at Fifth Third bank last year, to benefit the 2 year-old daughter and 13-year old nephew of Dayton's James A. "Tony" Gordon. Tony, 27, died on Wednesday, August 6, 2003 after being shot during an attempted carjacking.

Although OFCC advocates on behalf of all victims of crime, what brought the organization special concern in Tony's case was the manner in which he was victimized. According to Lt. John Huber, Dayton Police department, Tony was killed while trying to "drive away" from his attacker "and was shot for it." For months prior to Tony's tragic death, Ohio State Highway Patrol bureaucrats had been emailing concerned citizens, stating that "the fundamental nature of a motor vehicle" allows persons who are victimized to "drive away from an attacker."

There was a second reason for which Tony's victimization deserved special attention: his 13-year-old nephew was a passenger in the car. At the time Tony was attacked, Ohio concealed carry had been stalled for months because Gov. Bob Taft was insisting that any concealed carry bill he sign include a lockbox provision, which would force persons in vehicles with minor occupants to lock up their firearms, and render them useless in the event of an attack. That provision was eventually defeated.

Unfortunately for Fifth Third bank's Ohio customers, the corporation has recently issued an order for discriminatory signs be posted in all Ohio branches barring concealed handgun license-holders. Not only does this make it difficult for many people to contribute to Tony's fund, but it also requires that they risk entry into a defenseless victim zone in order to do so. The Tony Gordon Memorial Fund is being moved to Bank One, which does not post discriminatory signs.

"As we approach the one year anniversary of the loss of Tony, it is a slap in the face for his family to see these signs, especially when their customer service personnel admit they are not posted at Fifth Third in other concealed carry states," said Chad Baus, OFCC spokesperson. "Concealed carry was illegal when Tony was shot, and the Gordons know, tragically more than most, that gun prohibitions do not prevent crime."

Tony's killers have never been found, and the Gordon family have been disappointed by the lack of media coverage given his memorial fund. "Maybe if we'd have come out blaming the guns, Dayton's newspapers and television stations would have been more willing to talk about it," said Tony's mother, Phyllis. The Gordons participated in several open carry 'Defense' Walks last year, which have been credited for motivating the legislature to act in the wake of a mixed Supreme Court ruling on the subject.

OFCC also announced that it has moved its corporate bank accounts from First Merit bank, which posts "no-guns" signs, to National City Bank.

"According to the FBI, Ohio has one of the highest bank robbery rates in the nation. The Ohio Banker's League is distributing instructions on how banks can ban CHL-holders. But does anyone think bank robbers will honor the signs?", OFCC President Jeff Garvas asked rhetorically. "Already in Ohio, at least ten different bank robberies have occurred when a robber walked right past Fifth Third and First Merit "no-guns" signs to commit their crimes."

To date, at least 11 major national chains and more than 100 other businesses (including several banks) have removed their signs and opened their doors to Ohio Concealed Handgun License-holders.

Checks should be made out to "Phyllis Jean Gordon, Dayton, Ohio" and may be deposited at any Bank One location, mailed to: Bank One, 260 East Dayton-Yellow Springs Road, Dayton, OH 45324. To make a secure online donation, please visit www.ohioccw.org and click on Tony's picture.

Anyone with information about Tony's murder is asked to call Dayton police at 333-COPS or Sgt. Gary White at 333-1190.

UPDATE! This story was picked up on August 9 by three Green County daily newspapers.

On January 15, 2004 Cleveland Plain Dealer Editor Doug Clifton stated the following in his very first weblog:

"The "how to reach us" box on 2A lists e-mail addresses and phone numbers for senior editors and similar information appears at the bottom of every staff produced story. Those devices make the communication more personal and more immediate. Some times it's so personal and so immediate you can feel its heat. In the last week or so most of the heat was generated by gun rights advocates who took exception to our announced intent to publish the names of those licensed to carry a concealed weapon."

Despite the "heat" generated, the Plain Dealer has followed through on its promise to violate the privacy of thousands of people who have broken no laws, violated no other persons' rights, and who simply wish to exercise their constitutional right to self-defense.

Ohioans For Concealed Carry has learned that the editors of the Cleveland Plain Dealer have begun publishing a names of concealed handgun license-holders in Cuyahoga Co. and five surrounding counties. Three counties, Ashtabula, Cuyahoga & Erie, were published today, and three more will be published tomorrow.

Four other newspapers have already published such lists - one of which is now under investigation for having published information protected by the law, a felony. The Plain Dealer is the first to publish the lists online.

The Plain Dealer was one of the first to publish its intention to abuse the media access privilege, granted after Gov. Taft insisted that reporters could act as a check and a balance to insure that licenses were being issued appropriately.

January 9: "Since Taft chooses to hide behind journalists on this vital public-records matter, it is this newspaper's intention to obtain this information and publish it. Our readers deserve to know the identities of those who obtain permits to carry their guns in public. We hope other news organizations will do the same in their communities."

January 12: "This little showdown came about because one of the new law's provisions prohibits the general public that would be you from finding out who is purchasing a permit to carry a concealed weapon. Only journalists are allowed that information. So, that is exactly what we intend to do. We will find out who bought the permits to carry concealed weapons and then let you know, too."

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The editor of the Cleveland believes in open records. Thus he should certainly have no problem with OFCC publishing his home address and telephone number:

Douglas Clifton
19 Shoreby Dr.
Cleveland, OH 44108-1161
Tel.: (216) 761-6577

For a map to his half-million dollar home, click here.

Clifton paid $550,000 for the house in 1999. He and his wife Peg reside there.

According to his bio at the National Center for the Courts and Media, Clifton is originally from Brooklyn, New York. He graduated from Dowling College in Long Island, with a political science degree. He and Peg have two adult children and two grandchildren.

Rep. James Aslanides (R-Coshocton), the bill's sponsor, said in conference committee and during a short floor speech that he would lead an effort to roll back the media access if the "privilege" is abused.

"If they abuse the privilege, we can cause them to lose the privilege," he declared, pointing out that the Pennsylvania Legislature struck a similar provision after a newspaper published a list of permit holders.

Sen. Steve Austria seconded this warning, adding that publishing the names of license-holders would be the exact kind of abuse they're referring to, since publishing these names would threaten the safety of the very men and women who have chosen to bear arms for self-defense.

"I don't think we need to worry about journalists doing their job," state
Sen. Marc Dann, a Youngstown area Democrat, told Mr. Aslanides.

Rep. Aslanides has already expressed interest in modifying the law to correct this abuse. Sens. Austria and Dann have not, as far as we are aware, provided public comment in the wake of these newspapers' actions. All three men are up for re-election this November.

It is time, honorable legislators - it is past time.

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July 26, 2004
Sandusky Register

When Ohio activated a concealed carry law for guns April 8, opponents of the measure painted visions of aBuckeyestatecitizemy embracing the wild West mentality of shoot -'em ups in the streets...

Now the law is in place and it's clear:
. Permit applications have not reached projected estimates.
. Gun violence in Ohio hasn't markedly increased.
.There are now efforts to fine-tune the law, rather than toss it.
.The state's'highest court recently didn't strike down the new law:
. Nobody is calling this "Dodge City"... yet.

So it's time to take a collective deep breath and take a hard look at concealed carry in
our state.

Click on the "Read More..." link below for more.

July 27, 2004
Columbus Dispatch

Sen. John Kerry has portrayed himself as a hunter and advocate of Second Amendment rights in his commercials. This revelation was undoubtedly welcomed by the millions of firearms owners in the United States.

Now he is the co-sponsor of a bill that will outlaw repeating shotguns and rifles. These are used by trapshooters, skeet shooters and hunters. The repeating rifles are popular hunting and competition firearms.

Kerry has proved he is not to be trusted with our Second Amendment rights. How perfidious.

Alan D. Sells
Washington Court House

July 27, 2004
Columbus Dispatch

State Sen. Steve Stivers is moving up the chain of command of the Ohio Army National Guard and could be called to active duty before the year is over.

The Columbus Republican, assigned to the 237 th Personnel Services Battalion based at Rickenbacker Airport, was promoted to lieutenant colonel in June and now is battalion commander. He’s been in the guard 19 years.

Stivers said guard units are rotating into active service in the war against terrorism. "My unit is one of the units that might be called up," he said. If it is, "I’ll have a tough decision to make."

Stivers, 39, would have to decide whether to remain a senator during his year on active duty, or to resign his 16 th District seat. He’s running for a four-year term in November, having been appointed in January 2003.

July 26, 2004
Athens News

by Jim Phillips

In a case that is reportedly creating a buzz among local police officers and gun-rights advocates, an Athens doctor who allegedly pulled a gun during a traffic confrontation has had his concealed-carry permit temporarily suspended.

"It has been a topic of discussion in the law-enforcement community, and amongst the gun owners," confirmed Jerry Sullivan of Buchtel, who is both a county sheriff's deputy and a supporter of Ohio's new concealed-carry law.

Sullivan said the case of Dr. Jeffrey McAdoo "may set some legal precedent," as it could be the first case* in the state in which a concealed-carry permit holder has pulled a gun out and claimed he did so in self-defense.

McAdoo, an ophthalmologist who practices in Athens, has pled innocent to a charge of aggravated menacing, stemming from an incident July 9 on Shafer Street. According to police, McAdoo cut off Athens resident James Kirkendall in traffic near the West Union intersection, prompting Kirkendall to approach McAdoo's vehicle to upbraid him.

McAdoo has reportedly admitted pulling a gun on Kirkendall, but claims he did so only after Kirkendall assaulted him.

Click on the "Read More..." link below for more.