Judge Skelton ignores the premise of the Open Meetings Act- dismisses case

Today Judge Richard Skelton dismissed the case Esrati vs DPS and Dayton City Commission on imaginary legal precedent.

“However, as indicated in the Court’s decision denying the motion for a preliminary injunction, there is no evidence that any deliberations occurred during the bus tour or any discussion of the prospective closing of school buildings.”

There is no provision in ORC 121.22 to qualify meetings based on if deliberations took place.  Common sense also says, you can’t prove what did or did not happen in a meeting if you can’t enter the room.

The video of the actual actions of the task force was in evidence, but never reviewed. The problem with the OMA is that our legislators in Columbus who wrote it, and then kept adding to it, would flunk the third grade reading guarantee. It’s a bunch of convoluted language with references to penalties that never get handed out- mostly because they really don’t want the public to use it to guarantee open honest government.

thumbnail of Decision 32388458

Skelton’s decision. Click to download PDF

I’m not going to recount the whole argument- but, I originally filed to stop the bus tour, because that was pressing. I should have filed a simple OMA case- for all the violations- the attempts to throw me out, the actual keeping me out, the banning of audio and video recording equipment. Those are all punishable violations.

I will appeal the case, and hopefully, smarter judges will understand that laws that are only enforceable by lawyers – to protect the general public from bad behavior of people in power, aren’t really protecting anyone.

It’s too bad Skelton never watched the video evidence that the School board lawyer denied the existence of. Because if he had watched it- a 3rd grader would have seen that there was a violation.

Here’s his decision for summary judgement for the defense.

He should be ashamed.

If you enjoyed this post, make sure you subscribe to my RSS feed! If you wish to support this blog and independent journalism in Dayton, consider donating. All of the effort that goes into writing posts and creating videos comes directly out of my pocket, so any amount helps!