Evendale council hears legal review recommending administrative permitting process for demonstrations, cautions on regulating open carry
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Summary
Retained counsel reported no major defects in Evendale's code but recommended repealing or amending two ordinance provisions about exclusive use of public space, suggested an administrative permitting process for demonstrations (in administrative code), and warned local limits on regulating open carry due to state law and court precedent.
The Village of Evendale received an update from retained counsel on a comprehensive review of municipal demonstration-related ordinances, criminal statutes and police procedures.
Attorney Rob Lineman told the council the review identified no major surprises in the village's code but flagged two municipal provisions that govern exclusive use or control of public space. "We ultimately recommended to the law director that those provisions be either amended or maybe better yet, repealed entirely," Lineman said, and the firm advised minor revisions for a few criminal-statutory provisions where intent could be disputed.
Lineman and the law director discussed an administrative approach for handling demonstration requests: rather than drafting new ordinances, the village could create a streamlined administrative process in the administrative code assigning objective steps and responsibilities to departments such as fire and police for evaluating and, where appropriate, permitting use of public space.
On armed demonstrators, retained counsel cautioned that higher levels of law increasingly expand Second Amendment rights and that Ohio Revised Code provisions and U.S. Supreme Court precedent limit a municipality's ability to regulate open carry. Lineman said there is "very little leeway" for local ordinances that would contravene state law or constitutional protections and urged reliance on police procedures and training to manage safety and enforcement.
Council discussion noted that the earlier February 7 demonstration had been handled with buffer zones and traffic control that allowed both sides to speak; one councilor said the code generally struck a fair balance between free expression and public order. Counsel said it would prepare more detailed recommendations and implementation options for the law director and council to consider.
The presentation does not itself change policy; the law firm's recommendations are advisory and would require council direction before becoming village policy.