CRIME

Akron and Cleveland’s mask ordinances will clog courts with money-wasting civil cases

Akron councilwoman Tara Samples campaigned as Russia Today correspondent Dennis Kucinich's running mate for Ohio governor; and then backed Communist U.S. Senator Bernie Sanders for president. In Akron the Bolshevik-backing councilwoman took a cue from her Commie pals and suported an ordinance requiring masks to be worn in public during the state's fake pandemic. 10,000 Ohioans a day will never fill this state's hospitals during even the worst flu season.

Civil fines can't be assessed and people don't have to pay a civil fine without a civil trial by jury at no cost to them, a finding of a violation and an order from the court

CLEVELAND, OH – In South Euclid the city council decided to issue “civil” parking tickets with demands that people receiving them pay-up.  The problem, according to Municipal Court Judge Gayle Williams Byers after she learned of the practice when she took office in January 2012, was that taking property in the form of quick cash from uninformed citizens without a trial was unconstitutional.  So she ended the constitutional rights-violating practice and returned over $80,000 to the citizens whose rights had been violated.  South Euclid city council amended its civil parking ticket ordinance to a criminal one.

Ward 12 councilman Anthony Brancatelli is behind Cleveland’s mask ordinance.

Akron and Cleveland city council members and each city’s mayor, Frank Jackson and Daniel Horrigan, are signing on to support a “civil ordinance” that requires U.S. citizens to add an article of clothing to their persons in the form of a mask when out in public.  The net effect of the “mask” ordinance is that without one a citizen cannot enter a public building to interact with elected and appointed public officials, attend public meetings, transact business, inspect public records or interact with the courts.

Already Cleveland officials won’t allow a person to enter city hall to use the state’s “open government” laws without a drivers license that’s scanned into a “system of records.” Cleveland’s drivers license before access rule exists as a creation of “policy” to obstruct the intent of federal and state laws.  Mask ordinances are also seeking to suspend the state’s building and fire codes for business occupancy; and to invalidate the seating and occupancy permits of businesses that obtained them under existing unsuspended laws and ordinances. 

Despite unsuspended general laws of the state which exist with higher occupancy allowances for structures based on size and architectural drawings that were lawfully-approved, the mask ordinances seek to invalidate them with lower occupancy limits.  Neither ordinance addresses returning the fees and admission taxes business owners paid on a sliding scale to open larger rather than smaller venues under existing “unsuspended” general laws enacted by the General Assembly no council has the authority to change.  

Remember? Amy Stearns-Acton once claimed Ohio would see 3000 to 10,000 coronavirus cases a “day.” Now we’ve got lunatics on city councils enacting mask ordinances in cities with like Cleveland with 52 confirmed coronavirus cases and no deaths.

In Akron the ordinance assesses a civil penalty with no “alleged” role for police to play.  Enforcement is in the hands of the city’s health department that already has narrowly-defined duties written into Title 37 by the state’s lawmakers.  Enforcing “local” mask ordinances is not among them and should probably generate an “opinion” from the state’s Attorney General that local “home rule” does not apply to the state’s “general” health laws.  Somehow Cuyahoga County Executive Armond Budish has criminalized the state health director’s mask “order” and made it a second-degree misdemeanor, punishable by 90 days in jail and a $750 fine.

There are 247 cities, 686 villages and 1309 townships in the state; and each has a council.  The idea of 2242 local governments making separate health decisions outside Title 37’s general law instructions is the lunacy these ordinances are fueling in a state where health laws were intentionally written to be “uniform” throughout Ohio.

Neither city council appears to be addressing the real immune killing issues of grocery store-depleted neighborhoods that has led to a nutrition-starved and fattening lifestyle for thousands of residents in each city. In Cleveland council has taken no action to deal with the immune killing construction and demolition dumps like the one I pressured the state to close on Noble Road in East Cleveland.  Cleveland city council members Kevin Conwell, and former councilman Jeffrey Johnson, did not know the city was contracted with the Ohio EPA to enforce air, water and soil pollution laws for the entire county.

The mask ordinances are being promoted in Akron by Councilwoman Tara Samples and in Cleveland by Councilman Anthony Brancatelli.  Both are Democrats.  Samples recently helped former State Senator Nina Turner as they organized for Bolshevik U.S. Senator Bernie Gitman Sanders, a Russian American, in his bid for the U.S. presidency.

Governor Richard Michael DeWine tweeted a lie on March 13, 2020; and used his lie to cancel an election.

Both Democratic-controlled Cleveland and Akron have experiences with “civil” automated or red light camera ordinances that ended up being successfully challenged to the Supreme Court of Ohio and tossed out.  Civil penalties were assessed to the offenses and people were expected to pay. 

In Cleveland Clerk of Court Earl Turner is still operating a racket where he’s deceiving the Ohio Bureau of Motor Vehicles into believing red light camera tickets are the same as those issued by a police officer.   License plates are being suspended illegally this way as Turner knows he can’t collect on the “civil” red light cameras without a civil trial and an order from the court.  It’s an act of criminal deception Cleveland police officer Angelia Gaston reported to the U.S. Department of Justice.

As a former mayor who implemented and operated the first red light camera program in Cuyahoga County in East Cleveland in January 2006, the initial success of the civil traffic enforcement program was in the mindset of those who “initially” voluntarily paid up.  Once motorists receiving the citations understood the “civil offense” concept the voluntary money stopped.

To collect on the civil fines for the $95 citation required me to assign a city attorney, or hire another one, to prepare a claim and then file it in the city’s municipal court.  The $150 civil filing fees (at that time) were not waived; and I agreed with then Judge Sandra Walker that they shouldn’t. Council had enacted the legislation for the ordinance “without thought” in 2005, before I took office, and I disagreed with it despite my duty to enforce it.  The contract they approved had been written by the vendor.  I re-wrote every part of it with my law director, the late Almeta Johnson.

Ohio health officials are still not placarding the homes of coronavirus infected Ohioans and ordering them to mandatorily quarantine as they are required to do by Title 37.

Almeta, my deputy safety director, Ken Adams, and I discussed with Judge Walker how we would then have been required to assign an attorney or group of attorneys to file and and respond to complaints against non-payers that were numbering in the thousands.  If the city lost, the other side would end up with the taxpayers covering their legal expenses over a $95 ticket.  The civil fine connected to Akron’s mask ordinance is $50.  Judge Gayle Williams-Byers in South Euclid believed the civil nature of the traffic citation did not cancel the government’s duty to provide those on the other side of the government’s act against them with an attorney.

The public concern behind the mask ordinances is they seek to ratify the “social distancing” lunacy the homeless-raised Dr. Amy Stearns-Acton promoted during her brief and disgraceful tenure as Governor Richard Michael DeWine’s director of the Ohio Department of Public Health. 

Stearns-Acton’s career reflects one of teaching and grant management, not front-line medicine.  Had she read the University of Texas’ 1996 book of Medical Microbiology she would have learned the “coronavirus” is the seasonal common cold. Reading further she would have learned that Co-Vid 19 is the name of a camel-to-human transmitted flu virus the World Health Organization identified in December 2019 as coming from Israel, Saudi Arabia, Egypt, India, Pakistan and other places in the Middle East, Australia and China.  Logic would have connected the virus to the places where hundreds of physicians, nurses and medical workers in Ohio hospitals are traveling back and forth from as visitors, workers and dual citizens. 

Had truth guided her response, Stearns-Acton would have shared that nine of the first known 13 Co-Vid 19 infected carriers were residents of Cuyahoga County, Russian American Jews.  Three had returned from Israel.  Six were Hawken Upper School students who attended an American Israeli Public Affairs Committee conference on March 6 in Washington, D.C.

26 pandemic-mitigating laws exist in Title 37 of Ohio’s Revised Code. The mask ordinances being enacted by Ohio councils is evidence no councilmember has read them.

What Stearns-Acton had a duty to report on March 12, 2020 was that 13 Ohioans were known to be Co-Vid 19 infected as she acquired information from the state’s county and municipal health boards.  That’s in R.C. 3707.06.  She was supposed to quarantine the infected and placard their homes as instructed in R.C. 3707.08. They were supposed to be supported until healed in their homes pursuant to R.C. 3707.14.  Since the language of the Ohio Revised Code is English, the word “shall” in front of the instructions in every Title 37 law made the duty imposed on the official “mandatory.” Even now these laws are being ignored.

Stearns-Acton lied about the number of Co-Vid carriers in the state with her panic-inducing “one percent of 11.7 million Ohioans” were infected.  Over 100,000 Ohioans were not ever infected with the coronavirus; and even now the increase in Co-Vid 19 cases is nowhere near the 3000 to 10,000 Ohioans a day she and DeWine recklessly claimed would fill this state’s hospitals.

Had Stearns-Acton read the 26 pandemic-mitigating laws found in Title 37 of Ohio’s Revised Code she would have obeyed them instead of making up her own; and not run afoul of the General Assembly that enacted them.  It’s the same with the members of Cleveland and Akron city council who appear not to have read any of Title 37’s instructions to “health departments” as “general laws” their thoughtlessly-ignorant mask ordinances seek to obstruct.

Pursuant to Title 37 of the Revised Code the only authority the health department has is over “infected” Ohioans and no one else. Those who know Title 37 view it, in part, as explaining why the lovesick DeWine’s backed down from his economy-closing “orders” and is hoping mayors and city councils like those in Akron and Cleveland pick up on his and Stearns-Acton’s hysteria-driven lunacy.

Ohio doesn’t need new mask and social distancing laws. We need local health departments to obey and enforce the existing ones.

The other part to DeWine’s backing down is the call he got from the U.S. Attorney General William Barr like the other “order-crazed” governors who thought they had the legal authority to suspend the U.S. Constitution and obstruct the rights of millions of over 280 million heavily-armed U.S. citizens.  Ex-Massachusetts Governor Deval Patrick got the same “you can’t do that” call from former U.S. Attorney General Eric Holder in 2013 when he “sheltered in place” residents and let police conduct a house to house search for the Boston marathon bomber.  There’ll be no more “economy closing” over a bad cold and flu season in the USA.

Anyone listening to DeWine and knowing Title 37 heard him say local authorities in each county health department will guide future responses to the pandemic.  That’s who Title 37 gave the authority to determine the appropriate health response in the state’s 26 pandemic-mitigating laws I guarantee neither council nor mayor has read as evidenced by their “follow the lunatics” proposed ordinances.

Consider Ohio’s economy closing reality as a state of 88 counties; each existing on between 400 and 700 square miles.  The largest populations among the 8 largest counties with over 300,000 residents have only two that exceed one million.  Cuyahoga and Franklin.  Noble and Morgan counties exist on roughly 400 square miles with around 14,000 residents … each.  As East Cleveland’s former mayor I had a resident population of roughly 17,000 living on 3.2 square miles; and  nearly two square miles was green space.

There was no need to shut down the economy to isolate and care for the infected. A 66 year old Ohio law already provided a solution.

The idea of 17,000 densely-packed in Ohio residents living in a 3.2 square mile area infecting each other is vastly different than 14,000 Ohio residents who each potentially exist on 29 square miles of land.  This land and population density disparity explains how wrong most Ohioans saw DeWine and Acton’s “one solution fits all the state” thinking; and the constitutional-illogic behind a mask for all ordinance.

Tara Samples asked me to speak at one of her community meetings about police misconduct.  One of the issues I addressed was an anti-loitering ordinance former Akron Councilman Michael Williams sponsored that was used 85 percent of the time against American Negro males.  Justice Thomas Moyer led the Supreme Court of Ohio that tossed it out as unconstitutional.  I can see the appellate and Supreme Court cases that will come from this mask wearing lunacy right before my eyes.   

A criminal defendant is cited and ordered to appear in Akron or Cleveland municipal court.  They appear for arraignment without a mask and are refused entrance to the building by a mask wearing city worker.  The city worker tells them to either put on the mask for they’ll be marked absent for their arraignment.  The person refuses.  

The judge issues a warrant for the person’s arrest.  They appear again … unmasked.  They’re refused entrance, again, but each time they’re present. Nothing in the U.S. Constitution requires the wearing of a mask for a person the government has arrested and brought to trial.  It’s ignorant that neither council’s members sees the 4th, 6th and 14th amendment violations in their proposed ordinances. This stupid “mask bullshit” will be completely disruptive.  Dirty cops will love it.

Imagine the citizen / police encounters coming out of Akron and Cleveland’s ordinances.  “I told him to remove his mask so I could identify him and he refused; so I shot him 14 times because I was in fear of my life.”  Or how about this one?  “Which police officer beat you?  I can’t identify them.  They were all wearing masks thanks to Tara Samples and Anthony Brancatelli with the help of mayors Jackson and Horrigan and their city’s entire councils.”

When politicians don’t know existing laws they make up their own.

The state of Ohio’s 26 pandemic mitigating laws are found in Title 37 of Ohio’s Revised Code.  The current Revised Code of Ohio was enacted on October 1, 1953 as the state changed how its general laws were identified from those that had been enacted prior.  Frank J. Lausche was the governor of Ohio and he was born in 1895.  That meant by 1918, when the Spanish Flu took 600,000 U.S. lives alone, he was around 23 and entering Case Western Reserve University’s law school before he’d become a municipal judge, county judge and then Cleveland’s mayor in 1941.  He served four terms as governor of Ohio between 1945 and 1957.

Having experienced the nation’s worst pandemics at a time when the health care system was technologically-archaic compared to today, Lausche and the lawmakers around him left Title 37 as instructions for future generations of Ohioans to use as a guide for dealing with those pandemics that would follow.  A keyword search of Ohio’s revised code for the two words and terms “social distancing” and “masks” doesn’t reveal them in connection with the public during a pandemic. 

Social distancing exists in the National Library of Health as a term associated with the lifestyles of formerly homeless people as a mental illness.  Lying is also associated with those who have lived homeless lifestyles with mentally ill parents; and Stearns-Acton once lived homeless with her mother and brother in a Mahoning County park during a cold Ohio winter.

What her biography doesn’t appear to include is time spent in foster care because one of her Youngstown area school teachers noticed something different about how she and her brother were living; and reported their living conditions to children and family services.  A lot of lies have to be told to keep a mentally ill mother’s abuse away from the prying eyes of teachers and sometimes cruel or even concerned fellow students.  How does a child living in a park eat and where?

Akron and Cleveland city council seek to ratify the medical quackery of the disgraced liar who once led Ohio’s department of health, Dr. Amy Stearns-Acton. Stearns-Acton’s lying came easy as a child raised homeless by her mentally ill and abusive mother in the Youngstown area. Socially distanced is a term associated with the homeless. Not pandemics. Does anyone think Stearns-Acton told her Youngstown area classmates the truth when her homeless mother raised the doctor and her brother in a tent during a Mahoning county winter?

A liar like Stearns-Acton was not the right “physician” to lead Ohio’s department of health during a statewide pandemic where the law required her to report nothing but the facts.  Neither was DeWine. 

I operated a restaurant in downtown Warren, Ohio when he decided the Asian lady I drank with was a human trafficker and tried to shut down her massage spa along with 9 others he falsely accused of the crime without evidence.  The same with his lying that former Dr. James Lundeen and 61 other Ohio physicians were drug dealers. 

Fewer than 100 Ohioans died of narcotic overdoses the year before DeWine took the job from Richard Cordray and falsely accused the state’s pain management physicians.  We all know the death toll exceeded 3400 in some years during DeWine’s reign of death as the fentanyl dealing attorney general.  Thanks to DeWine, again, narcotic overdoses are starting to increase.

Councils can follow DeWine’s and Acton’s leftover lunacy if they like; and more than likely these two will.  The legislation is a deflection away from the real problem with community-wide immune killers and only benefits the mask selling profiteers.

Eric Jonathan Brewer
Cleveland's most influential journalist and East Cleveland's most successful mayor is an East Saint Louis, Illinois native whose father led the city's petition drive in 1969 to elect the first black mayor in 1971. Eric is an old-school investigative reporter whose 40-year body of editorial work has been demonstrably effective. No local journalist is feared or respected more. Trained in newspaper publishing by the legendary Call & Post Publisher William Otis Walker in 1978 when it was the nation's 5th largest Black-owned publication, Eric has published and edited 13 local, regional and statewide publications across Ohio. Adding to his publishing and reporting resume is Eric's career in government. Eric served as the city's highest paid part-time Special Assistant to ex-Cleveland Mayor Michael R. White. He served as Chief of Staff to ex-East Cleveland Mayor Emmanuel Onunwor; and Chief of Communications to the late George James in his capacity as the Cuyahoga Metropolitan Housing Authority's first Black executive director. Eric was appointed to serve as a member of the state's Financial Planning & Supervision Commission to guide the East Cleveland school district out of fiscal emergency and $20 million deficit. Former U.S. HUD Secretary Alphonso Jackson told Eric in his D.C. office he was the only mayor in the nation simultaneously-managing a municipal block grant program. Eric wrote the city's $2.2 million Neighborhood Stabilization Program grant application. A HUD Inspector General audit of his management of the block grant program resulted in "zero" audit findings. As a newspaper publisher, Eric has used his insider's detailed knowledge of government and his publications to lead the FBI and state prosecutors to investigations that resulted in criminal prosecutions of well-known elected officials in Ohio; and have helped realign Cleveland's political landscape with the defeat of candidates and issues he's exposed. Eric's stories led to the indictments of the late Governor George Voinovich's brother, Paul Voinovich of the V Group, and four associates. He asked the FBI to investigate the mayor he'd served as chief of staff for public corruption; and testified in three federal trials for the prosecution. He forced former Cuyahoga County Coroner Dr. Elizabeth Balraj to admit her investigations of police killings were fraudulent; and to issue notices to local police that her investigators would control police killing investigations. Eric's current work has resulted in Cuyahoga County Judge John Russo accepting the criminal complaint he guided an activist to file against 24 civil rights-violating police officers in the city he once led for operating without valid peace officer credentials. USA Today reporters picked up on Eric's police credentials reporting from his social media page and made it national. Eric is the author of of his first book, "Fight Police License Plate Spying," which examines the FBI and local police misuse of the National Crime Information Center criminal records history database. An accomplished trumpet player and singer whose friendship with Duke Fakir of the Four Tops resulted in his singing the show's closing song, "Can't Help Myself": Curtis Sliwa of New York's Guardian Angels counts Eric among his founding chapter leaders from the early 1980's role as an Ohio organizer of over 300 volunteer crime fighters in Cleveland, Columbus and Youngstown, Ohio. For his work as a young man Eric was recognized by Cleveland's Urban League as it's 1983 Young Man of the Year. Known in Cleveland for his encyclopedic knowledge of government and history, and intimately-connected with the region's players, every local major media outlet in Cleveland has picked up on one of Eric's stories since 1979. There is no mainstream newspaper, television or radio outlet in Cleveland that does not include an interview with Eric Jonathan Brewer in its archives over the past 40 years.

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