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City Council From: Andrew Fleck Sent: Monday, February 1, 2021 6:06 PM To: Thomas Mulready Cc: Mayor's Office;Tom Bullock;Tristan Rader;Tess Neff; Sarah Kepple;John Litten; Daniel O'Malley;Jason Shachner; Law Dept;Jennifer Swallow; Building, Housing;Joseph Meyers; lakewoodcourt; HumanServices; Bryan McNeeley;City Council; Brian Corrigan Subject: RE: Dear neighbors: please help Attachments: Northwood.pdf Dear Concerned Parties, Initially, please find attached a timeline of calls to the Webb Road/Northwood Avenue area since March 2020. This outline succinctly states the nature of the calls, depicts the city responses, and any applicable notes. The city was made of aware of the complaints in December 2020. A thorough investigation was done into incidents up until that point and has been continuously monitored since then. CAD calls, phone calls, and police reports were reviewed, officers were spoken with, and Body Worn Cameras footage was reviewed, as well as speaking with affected residents. A neighborhood Police Officer(McNeely) was specifically assigned to monitor the situation to avoid information loss. The facts of the case(s) do not allow for a finding of nuisance or prosecution under ORC or LCO at this time. Many of the initial loud music calls are stale. The remaining calls do not meet with a finding of nuisance per LCO 510. Findings of nuisance are tied to a specific property, not to an individual. Arrests of parties, other than in a nuisanceable action, are not considered for purposes of a nuisance determination (e.g. Prior arrests, or arrests made at different locations.) There is insufficient evidence at this time to establish beyond a reasonable doubt that criminal activity occurred, namely aggravated menacing, menacing by stalking, and/or menacing. Although criminal activity is not necessarily required to establish a nuisance situation, it is difficult, if not impossible,to expect a conviction for stalking when the person lives at the address or in close proximity where the allegation takes place, absent other facts. No threats of harm have been alleged, except in one situation,which is best described as a mutual encounter(November 18)on a public sidewalk. The City is aware of Mr. Cabell's behavior and continues to monitor it until such time as the actions may become a nuisance or rise to a level of criminal activity which can be enforced. The state of Ohio has set forth,through its General Assembly, Revised codes (general laws)for the above- mentioned offenses. They are attached, along with the LCO document provided by Mr. Mulready. The codes are largely the same, penalties included. Because the state has set these forth in law,the City cannot constitutionally pass a localized code with enhanced penalties or different prohibited or allowed behavior without violating Home Rule. The proper method of changing these laws is to enlist your local State Rep, or Congressperson. It is not lost on the City that Mr. Cabell's behavior can be construed as offensive or profane. However, he enjoys the same 1'amendment right to free speech as anybody else. Until his language falls outside this protection (ie.speech that creates a clear and present danger, obscene speech (sexually explicit), defamatory speech or fighting words), the City may not attempt to nuisance or prosecute this behavior. Civil remedies (lawsuits, protection orders) may be appropriate in cases where nuisance or criminal prosecution are not available. -Andrew X. Fleck Asst. Prosecutor&Asst. Law Director City of Lakewood I Law Department 12650 Detroit Avenue Lakewood, Ohio 44107 P: 216.529.6037 F: 216.228.2514 andrew.fleckklakewo odoh.net www.onelakewood.com