Ordinary Ohio citizen calls out illegal Cincinnati festival gun ban — and wins!

by Keith Schuch, Wilmington resident

The city of Cincinnati set up a riverboat festival, called River Roots Festival, at Public Landing, Yeatman’s Cove, and Newpart Festival Park. I went to their website and looked at their FAQ list of questions, and it had a section listing prohibited items. Among them were weapons of any type.

I had been to Oktoberfest Zinzinnati in the same area a year ago, and there were no "gun-free zone" signs posted or searches to enter the park.

As I thought about Ohio law and gun-free zones in public places, the list of prohibitions is very specific, and none of them seemed to apply to this festival’s public parks. It was not in government buildings or a school zone or on private land. I also remembered that the Champaign County Fairgrounds had tried to ban firearms, and Ohio Attorney General Dave Yost issued an opinion that a government jurisdiction, such as a city, county, or their groups, could not impose any gun laws — only the state legislature could.

First stop: Ohio Attorney General’s Office, state law

I called the Ohio Attorney General’s Office and asked how I could get the city to reverse its gun-free-zone designation at the festival. The representative told me only the county or city prosecutors could do anything. She said the prosecutors office of the city or county would have to contact the Ohio Attorney General’s Office and request an opinion on the facts of the situation. Once that opinion is issued, the prosecutor could apply to the courts for an injunction stopping the local government from violating the law by banning the guns or making new gun laws.

I researched the Ohio Revised Code regarding gun-free zones, specifically Section 2923.126, duties of licensed individuals. I also looked at ORC 9.68, which is about preempting local governments from establishing any gun laws. Once I had all my facts, I submitted a clear and concise letter to both the Hamilton County Prosecutor’s Office and the Cincinnati Solicitor’s Office, explaining that I wanted to stop the festival or city from banning guns at the festival because they were breaking the law by doing so. I did not want to depend on the people with whom I had spoken to relay my request and reasoning from memory. SEE MY LETTERS BELOW.

Second stop: county prosecutor

I visited the Hamilton County Prosecutors Office, where the receptionist had no idea how to help me. It just so happened that a detective who was on the prosecutors staff walked by, and she asked him to talk to me. The detective listened while I explained that the city was trying to enforce an unlawful gun-free zone at the festival’s public parks and that I was told by the Ohio Attorney General’s Office that I should contact the county prosecutor to fight it. He had no clue on how to help or to whom to refer to me.

The detective took my letter and told me he would try and find the right person to help me.

Third stop: festival organizers

I did not have a lot of confidence that anything would be done at the county level. So I emailed the festival organizers and explained that among the places that could ban guns, none of them applied to their festival. I informed them that banning weapons at the event was illegal and could open the city and the organizers’ nonprofit to litigation. I suggested they review the matter with their legal staff and remove the firearms prohibition from their website.

Final stop: City Hall

The following day, I went to Cincinnati City Hall and to the City Solicitor’s Office, which handles the city’s legal matters. Most of the staff at the solicitor’s office had left for the day, but I handed my letter to the receptionist to relay to the solicitor, again explaining my complaint and contact information. The receptionist did suggest talking to someone on City Council’s staff and referred me to the staff of a council member who was in charge of festivals. That staffer listened to me but did not seem to know what to do with my complaint. I handed her one of my letters, and she called someone above her. She told me she would get back to me by phone. I figured it was a lost cause, but I at least tried to fight for my Second Amendment rights.

To my amazement, she called me back within 15 minutes and told me she had talked to the festival organizers and that the weapons prohibition would be removed from the website that evening. I checked that same night, and it was indeed changed from all weapons prohibited to a caution that the boat operators were private companies who are permitted to ban weapons from their privately owned boats.

Bottom line: I made a difference, and so can you

Perhaps the festival organizers had merely used a generic website outline and did not know the firearm prohibition was illegal. Then just maybe, once festival organizers were informed of the law and their legal staff investigated the situation, they rightly removed the prohibition. It’s much less likely that city officials would have changed their minds in such a short time.

If you find yourself in a position like this and want to challenge the legality, first research how the law applies to your situation. I suggest putting it in writing in the form of a letter, with all the facts and legal references, along with your contact info.

I have discovered that it is better to visit offices in the morning to avoid the risk of staffers leaving early. Write down all the names of those you talk to or give your letter. Emailing or mailing a letter probably won’t get enough attention to convince someone to help you. It is more difficult for them to ignore you if you are standing in front of them while sharing your complaint. Dress nicely, remain polite, and thank them for listening. Don’t make demands or threats.

I figured I had no chance of winning, but I won, not just for myself but also for all gun owners. You can’t win if you don’t try. All it takes is a little time and effort to defend your rights, and you could win, too.

Letter to Cincinnati Solicitor’s Office

Dear Sir or Ma’am

I would like to bring to your attention that the website for the America’s River Root Festival (www.americasriverroots.com/faq) taking place in Partnership with the City of Cincinnati has stated in the FAQ section about prohibited items. “Weapons including, but not limited to: Knives, explosives, stun guns, handcuffs, brass knuckles, sticks, clubs, batons, martial arts instruments,

pepper spray, tear gas, etc. Guests found in possession of such items will be asked to remove the items from park property or dispose of them.” The Festival is to take place on the City property of the Public Landing and Yeatman’s Cove Oct 8-12th.

Neither the Festival or the City of Cincinnati have the legal authority to create “Gun Free Zones” outside of the State Law Ohio Revised Code Section 2923.126 | Duties of licensed individual.

The Champaign County Fair case clearly demonstrated that local authorities or cities do not have the legal authority to establish “Gun Free Zones” https://buckeyereporter.com/stories/674322073-champaign-county-drops-firearms-ban-after-challenge-from-the-buckeye-institute

While I am sure this was just an oversight I would request you inform the America’s River Roots Festival organizers that banning weapons especially by Legal Concealed Handgun License Holders from an open air festival on public property is not legal. I expect to see a change in the FAQ section Prohibited Items to remove Weapons from their list. https://www.americasriverroots.com/faq

Thank you for your attention to this matter.

Sincerely

Keith Schuch

Letter to Hamilton County Prosecutor’s Office

Dear Sir or Maam,

I would like to point out a violation of Ohio Revised Code 9.68 Preemption of Firearm Regulations in Ohio. The City of Cincinnati in partnership with America’s River Roots Festival ( a Non Profit group) is having a Riverboat Festival on the Public landing ( City owned property). On the www.americasriverroots.com frequently asked questions page it Prohibits Firearms or weapons at the festival. The prohibition is an illegal act under ORC 9.68. The event is on City Land so it is not covered under private businesses being able to ban firearms from their property. It is an open air venue with some tents and vendor booths but no buildings. The event will have an alcohol permit but people with Concealed Handgun Licence Holders cannot be banned if they don’t consume alcohol. As long as a CHL holder does not enter tents,buildings or boats or consume alcohol they cannot be banned from having their firearm concealed on their person in the open air parts of the festival. I would request that the Hamilton County Prosecutor’s Office inform the City of Cincinnati officials that the banning of firearms at a public outdoor event is a violation of Ohio Revised Code 9.68 Preemption of Firearms Regulations and to force them to lift the firearms ban at the festival. This case is similar to a County Fairgrounds banning firearms at a county fair. The Ohio Attorney General has issued an opinion stating that firearms cannot be banned by a political subdivision (City of Cincinnati). I request the Hamilton County Prosecutors office assist me in stopping this violation of my Second Amendment Rights.

Thank you for your help in this matter.

Sincerely,

Keith Schuch