"Mum's the word" from Clyde officials after judge halts ban

August 18, 2004
Fremont News Messenger

Clyde quiet on suit

By SARAH WILLIAMS
Staff writer

CLYDE -- City Council members made no movement regarding the city's stance to ban guns from Clyde parks, but discussed the issue in private session during their meeting Tuesday.

Sandusky County Common Pleas Court Judge Harry S. Sargeant granted a temporary restraining order last week that bars the city from enforcing a ban on legally concealed weapons in city parks.

The ruling was in response to a motion filed on behalf of Ohioans for Concealed Carry Inc., based in Delaware, Ohio, and James J. Stricker Jr. of Gibsonburg by L. Kenneth Hanson III, general counsel of Ohioans for Concealed Carry Inc.

The court action had been anticipated since city officials said they would not rescind the ban despite demands from the advocacy group.

The Ohio concealed carry law, which went into effect this year, lists places, including public buildings, where concealed weapons may be banned. The law does not, however, list public parks as being among those places where bans are permitted.

While the judge granted a temporary restraining order no hearing time or date had been set as of this morning for the advocacy group's request for permanent action.

Ohioans for Concealed Carry are asking for a declaration that the Clyde ordinance be declared unconstitutional and a permanent injunction against enforcement of the law against people licensed to carry concealed guns.

In granting the temporary injunction last week, Sargeant ordered that it be "operative for an initial period of 13 days or until further order" of the court.

Clyde officials have been firm that the city's ban is legal, noting that the city is a charter government.

--------------------------

NOTE: Because the City of Clyde did not appear before the court to contest the restraining order, General Counsel for OFCC advises the order will be operative until further court action.