City of Cincinnati Wayne Lippert Leslie Ghiz Members of Cincinnati City Council
MEMORANDUM TO: Members of Cincinnati City Council FROM: Councilmembers Leslie Ghiz and Wayne Lippert DATE: October 18, 2011 RE: Piatt Park Protestors Dear Council Members: The situation in Piatt Park has gotten to a level we can no longer ignore. As Council Members, we have a duty to ensure the law is enforced by the City Administration and Police Department. Unfortunately, with the exception of Mr. Bortz’s letter to the police chief last week, we all seem to be burying our heads in the sand, but it is time we speak up. Not only are the protesters camping out during the night, they have now set up a tent with a sign on the front which reads: Meds and Supplies. Clearly this is beyond a protest meant only for the daytime hours. Our police department has been instructed to simply cite the protesters at night when they have not left the premises. They are being cited under Park Rule 21, which prohibits anyone in/squatting in the parks after hours. Their action (inaction) rises to committing criminal trespass each night that they refuse to leave. Apparently, the past protocol has been (with other people staying in park after hours) to give the person a warning; if they are found there again, another warning; then again, they are arrested. This protocol has been ignored for the past week by our police department. Criminal trespass is not up to the discretion of the police chief or police officers, particularly when it occurs night after night. To frame this legally, by turning a blind eye, we are opening the City up to a flood of lawsuits in the future. The next group that decides it wants to pitch pup tents in one of our parks or Fountain Square after hours will be able to point to the current protesters as precedent for not being cited or arrested. To be sure you understand the ramifications of this, ANY group, including those who spew hate speech (i.e. KKK), can now set up shop in our parks and immediately file a federal lawsuit against the city if they are cited or arrested. The claim will be a violation of their 1st Amendment rights (speech, association, assembly). We submit to you this is NOT a path we, as the leaders of the city, want to travel down. Additionally, we are doing a disservice to the business owners along Piatt Park. Those that own the buildings have a duty to their tenants to keep the premises clean and safe. This is not happening currently, because the City refuses to remove the protesters at night. Business owners have complained to our offices daily that the protesters are littering around the park, defecating around the park, and making it difficult for their tenants and clients of their tenants to move freely through the park. This is unacceptable behavior, and we as council members, CANNOT allow this to continue. We also want to enlighten everyone to the fact that the business owners around Piatt Park give the City nearly $40,000 each year for the Park’s upkeep. We are fortunate to receive such a gift given the current economic situation, and we owe a duty to those business owners to see to it that the law is followed.
We are asking that each of you join us in letting the City Manager know that we will no longer accept “inaction” as it relates to anyone staying in our parks after hours without the proper permits. If the City Manager refuses to remove the protesters from Piatt Park at night, effective immediately, we should take a vote of “no confidence” in the City Manager. We are perfectly aware of the separation of powers per the city charter, but we all have a duty to speak up and to put pressure on the City Manager to see to it the law is enforced evenly and swiftly with regard to anyone who chooses to ignore the parameters of use and enjoyment of our parks. Please let our offices know how you plan to respond to the situation by tomorrow at council. If we do not hear from all Council Members in response to this letter, we will call a special meeting of council for discussion. Council Members Leslie Ghiz and Wayne Lippert