BB62
Accomplished Advocate
First, some background...
Cincinnati SORTA is the Southwest Ohio Regional Transit Authority. "Metro" is the name of the bus component of SORTA.
Cincinnati's latest waste of taxpayer money is the "streetcar", which runs on steel rails and is powered by overhead electricity. It was due to start running this past summer, and an out-of-state friend of mine indicated that he thought he saw that they were going to post 'No Guns' signage. So, I used the streetcar's feedback page to ask "Are people allowed to carry firearms on the streetcar?" (8/9/16)
My query got an initial response (8/12) of "In consultation between Metro and the City, it has been determined that weapons are not allowed on the streetcar. The policy is the same as Metro bus." As you might expect, that produced a records request from me a number of e-mails about the delayed response, finally culminating in a response (9/2) from Andrew Garth, Cincinnati's Chief Counsel for Transportation and Major Infrastructure; copying in another Cincinnati attorney and I believe two transportation people.
Mr. Garth's response in part:
"Thank you for your email inquiry regarding carrying of firearms on the streetcar. I apologize for not responding sooner. I am writing to let you know that the City is in the process of performing a records search and review to determine if there are any documents responsive to your request, which I’ve replicated below along with status updates. We are also using your request as an opportunity to educate persons working on streetcar matters about Ohio’s open carry and concealed carry laws.
As an initial matter, I want to clarify that the streetcar is operated by the Southwest Ohio Regional Transit Authority, not the City of Cincinnati. The City has no formal policy or ordinance applicable to the carrying of firearms on the streetcar. Accordingly, I must clarify that Mr. Deatrick’s prior email response to you concerning SORTA’s weapons policies in connection with Metro bus was a good faith effort to provide you with helpful information, but his response regarding the applicability of Metro bus policies to the streetcar was premature. If SORTA in its capacity as operator of the streetcar establishes a streetcar-related protocol concerning firearms (to my knowledge, they have not adopted any such policy), the City anticipates that such a policy will take into account applicable Ohio law – including open carry and concealed carry rights. At this time, the Cincinnati Police representatives involved in City streetcar matters are aware of your inquiry and have indicated that they will not interfere with the right to open carry or concealed carry on streetcars consistent with Ohio law. (Note, however, that the revised code (ORC 2923.16) does limit the manner of open on motor vehicles, including in the public transit context.) ..."
I finally received a meaningful response to my records request (10/10), including a document which shows what I believe to be Metro's willingness to be sneaky about their firearms policy (I'll save everyone the detail), which prompted yet another note to Mr. Garth, et al, on 10/11. I haven't received a response to my note yet.
So... that's the background.
The next post is my e-mail to various parties, including Mr. Garth, the other Cincinnati attorney, and the transportation people.
Cincinnati SORTA is the Southwest Ohio Regional Transit Authority. "Metro" is the name of the bus component of SORTA.
Cincinnati's latest waste of taxpayer money is the "streetcar", which runs on steel rails and is powered by overhead electricity. It was due to start running this past summer, and an out-of-state friend of mine indicated that he thought he saw that they were going to post 'No Guns' signage. So, I used the streetcar's feedback page to ask "Are people allowed to carry firearms on the streetcar?" (8/9/16)
My query got an initial response (8/12) of "In consultation between Metro and the City, it has been determined that weapons are not allowed on the streetcar. The policy is the same as Metro bus." As you might expect, that produced a records request from me a number of e-mails about the delayed response, finally culminating in a response (9/2) from Andrew Garth, Cincinnati's Chief Counsel for Transportation and Major Infrastructure; copying in another Cincinnati attorney and I believe two transportation people.
Mr. Garth's response in part:
"Thank you for your email inquiry regarding carrying of firearms on the streetcar. I apologize for not responding sooner. I am writing to let you know that the City is in the process of performing a records search and review to determine if there are any documents responsive to your request, which I’ve replicated below along with status updates. We are also using your request as an opportunity to educate persons working on streetcar matters about Ohio’s open carry and concealed carry laws.
As an initial matter, I want to clarify that the streetcar is operated by the Southwest Ohio Regional Transit Authority, not the City of Cincinnati. The City has no formal policy or ordinance applicable to the carrying of firearms on the streetcar. Accordingly, I must clarify that Mr. Deatrick’s prior email response to you concerning SORTA’s weapons policies in connection with Metro bus was a good faith effort to provide you with helpful information, but his response regarding the applicability of Metro bus policies to the streetcar was premature. If SORTA in its capacity as operator of the streetcar establishes a streetcar-related protocol concerning firearms (to my knowledge, they have not adopted any such policy), the City anticipates that such a policy will take into account applicable Ohio law – including open carry and concealed carry rights. At this time, the Cincinnati Police representatives involved in City streetcar matters are aware of your inquiry and have indicated that they will not interfere with the right to open carry or concealed carry on streetcars consistent with Ohio law. (Note, however, that the revised code (ORC 2923.16) does limit the manner of open on motor vehicles, including in the public transit context.) ..."
I finally received a meaningful response to my records request (10/10), including a document which shows what I believe to be Metro's willingness to be sneaky about their firearms policy (I'll save everyone the detail), which prompted yet another note to Mr. Garth, et al, on 10/11. I haven't received a response to my note yet.
So... that's the background.
The next post is my e-mail to various parties, including Mr. Garth, the other Cincinnati attorney, and the transportation people.