Virgil Vaduva speaking with his family during his trial (Photo: Justin King)

The City of Xenia, Ohio made headlines two years ago when they decided to prosecute a local journalist for protesting against the city’s unconstitutional anti-panhandling ordinance.  In early 2015, journalist Virgil Vaduva asked the Xenia City Council to remove the anti-panhandling legislation from their code as it is unconstitutional and it violates the First Amendment rights of citizens, but after refusing to do so, he decided to protest the city’s panhandling ordinance by panhandling in front of the city hall and the police station in Xenia.  He raised about $42 which was donated to a local charity.

He was subsequently ticketed and went all the way through a jury trial leading to his conviction, and a 30 day suspended jail sentence and community service.

He wrote:

By dictating the nature of speech in a public space, the City of Xenia has directly violated the first amendment of the United States Constitution.  Of course, they deny this.  They are now in full damage control mode.  Less than twenty-four hours after I challenged their ordinance, they created a website where they are trying to address poverty in town by explaining why panhandling should be illegal.  Their bureaucrats are desperately trying to control the narrative by saying that they only banned “aggressive panhandling” and not all panhandling.  Of course they never explained why their police still ticketed me for very peaceful panhandling if the ordinance only bans aggressive action.

During the various hearings before the trial, one of the judges involved even stated, “there will be no mentioning of the Constitution here (in this court room).”  The statement drew harsh response from citizens across the country, including Alex Jones’ InfoWars website which discussed some of the details of the case.

But despite the lengthy and expensive legal engagement, Vaduva however won the case after an appeals court ruled that his rights to a fair trial were violated and eventually all charges against him were dropped.

Now, two years after the ordeal took place, a $1.6 million federal lawsuit has been filed against the City of Xenia, its agents and the two police officers involved in enforcing what is clearly an unconstitutional law.

The federal suit, filed in the Southern District of Ohio, names the City of Xenia and several individuals, including all the city council members who conspired to violate constitutional rights and the police officers involved in enforcing the law.  The suit demands relief for over $1.6 million under title 42 U.S. Code § 1983 for conspiring to use the color of  law in order to deprive citizens of their civil rights.

Vaduva claims that he intends to see this lawsuit through to a jury trial, regardless of how much it will cost, all in order to prevent future constitutional violations in the City of Xenia.  Furthermore, he claims that the neighboring cities of Beavercreek and Fairborn have identical anti-panhandling laws on the books, and they will be also targeted for constitutional violations in potential upcoming lawsuits. His hope is that his actions will motivate other activists and citizens in the area to engage in direct action to challenge constitutional violations and abuses of power by local politicians.

Ohio Democratic state Sen. Cecil Thomas, who is a former Cincinnati police officer, said Wednesday he will introduce a bill to give cities local control over open- or concealed-carry rules during events of regional or national significance.  The bill in essence would give local politicians and city governments the power to strip Ohioans of their 2nd Amendment rights during events deemed appropriate by these government employees.

Cecil Thomas, a former Cincinnati cop declined to offer additional comments regarding the constitutionality of his proposal or how this law would conflict with the needs of self defense that citizens may have especially in the emergency situations specified by the law.

The proposal comes on the heels of the head of Cleveland’s largest police union calling on Ohio Gov. John Kasich to temporarily restrict the state’s open carry gun laws during this week’s Republican National Convention.

Stephen Loomis the president of Cleveland Police Patrolmen’s Association said, “I don’t care if it’s constitutional or not at this point” and proposed that the Ohio Governor temporarily suspends the rights of Americans to carry firearms for self defense. The statement drew mocking and criticism on social media from enthusiastic gun owners, calling Stephen Looming an “oath breaker” and asking for his resignation.

“The idea the cops are enthusiastically defending our constitutional rights is a myth,” said Virgil Vaduva of Ohio Open Carry, an organization promoting and defending the rights of Ohioans to openly carry firearms.  “It is very clear that more often than not police take a stand against our 2nd Amendment rights. Police unions testified against the concealed carry law passed here in Ohio, they are openly advocating suspending Constitutional rights in Cleveland and now a former cop is proposing a law to that end. Clearly these cops who are in positions of authority are not only openly violating their oaths, but they are in fact proud of doing so,” said Vaduva.

Cecil Thomas refused to answer questions about this proposal.  His Ohio Senate office can be reached at (614) 466-5980 or on his website.

by Virgil Vaduva

Xenia is a small city in Ohio, peppered with foot-deep potholes, abandoned buildings with a high unemployment rate and very busy bureaucrats. Just a few months ago, the city’s council decided to spend $6 million on a new “Justice Center” and the cost is expected to balloon well into the $20+ million range. The city is in dire need of infrastructure upgrades, road repairs and sewage system improvements, but a new police station and a new office building for the city’s employees became critical.

But these are not even the worst things about the city of Xenia.  A few years ago, Xenia also decided to ban the practice of panhandling. At the request of the police department and cops who were “too tired” of dealing with homeless people on the street, the city decided to pass an ordinance that banned panhandling virtually anywhere in the city, making it impossible for anyone to ask another individual for financial help, anywhere in the city. In essence, the city has made it illegal for someone to speak with a stranger if the speech involves asking for immediate help.

Many individuals have been fined and prosecuted under this unconstitutional ordinance, raking in thousands of dollars of fines extracted from the most vulnerable and poor people on the streets.

A bit over a year ago I decided to speak to the Xenia City Council and warn them about the fact that their ordinance is unconstitutional. They ignored my warning, and as a result the very next day I decided to take the path of civil disobedience and panhandle in front of the city hall and police station. I raised $41.98 which was donated to United Voluntary Service, a charity helping the homeless in Xenia. I was also ticketed for violating this unconstitutional law, which led to a full-blown jury trial after which I was found guilty, sentenced to 30 days in jail, community service and fines. The jail sentence was suspended on the condition of good behavior for a term of 2 years. During the trial I was not allowed to talk about the constitutionality of the law and my first amendment rights, I was not allowed to even mention the constitution, or the fact that the police in town were behind the passing of this ordinance. A judge literally told me, “there will be no mentioning of the Constitution in this court room.”

After immediately appealing, the appeals court finally reversed my sentence and they sent the case back to the court to be retried. All the charges were dropped a few days ago, and the city’s attorney said they will change the ordinance or get rid of it. Right now it’s unclear what this means.

After about a year and a half, the swift hand of the judicial system finally found me innocent of any wrongdoing spending tens of thousands of dollars of the city’s money and my own money, hundreds of hours going into my defense and substantial effort aimed to win and undo the work of the Xenia bureaucrats. What took them only a few minutes to ratify with the stroke of a pen, caused hundreds, if not thousands of people to be harassed, arrested and fined by their cops. None of the cops and Xenia bureaucrats involved in this will ever be held personally responsible for their decisions, and while I am fortunate enough to afford the legal fees to pursue such a case just for the immoral and unconstitutional aspect of their law, most people cannot do so and rarely, if ever anyone speaks on their behalf or stands up for them.

Now while this may be a win for me personally, the issue is nowhere near close to being resolved. The hundreds of people who have had their first amendment rights violated will need retribution. I am in the process of collecting all the names of the individuals detained or fined under this law and bring this issue to the attention of federal courts.

To make matters worse, the city of Beavercreek, which is next door to Xenia, has an ordinance identical to the one in Xenia, also banning panhandling everywhere within city limits. More and more local bureaucrats decide on a regular basis and in a systematic way to violate the constitutional rights of people in need who are unable to represent themselves in court. Beavercreek is the same city where a police officer shot a black man named John Crawford in a local Walmart for holding a BB gun he picked off a store shelf.

Beavercreek will be our next target for their unconstitutional and illegal practices regarding panhandling, and there will be no rest for the corrupt and immoral politicians and cops running these cities and violating our rights. Yesterday I “panhandled” for charity in Beavercreek and I was given a “warning” from their police and asked not to do it again in the future. I raised $18 dollars which will also be donated to United Voluntary Services to help the homeless in the area.

Officers Hall and Darkow (the second officer involved in the shooting of John Crawford) of Beavecreek PD showed up and threatened, attempted to intimidate me and warned me about standing on a street corner with a cardboard sign that said, “Help the poor.”  In today’s America, this is now a crime.

Officer Darkow was the backup officer involved in the shooting and killing of John Crawford in a Beavercreek Walmart. He is currently being sued by the Crawford family.

Officer hall attempting to give me a written warning about panhandling in the city of Beavercreek and threatening me with arrest if I continue to peacefully raise money for charity

Officer hall attempting to give me a written warning about panhandling in the city of Beavercreek and threatening me with arrest if I continue to peacefully raise money for charity

The officers refused to answer questions about the constitutionality of the law and why they are violating their oaths to the Constitution by enforcing a law targeting Americans’ first amendment rights.

The same individuals who have sworn an oath to obey and protect the Constitution are actively using their roles to undermine the very document and rights they were entrusted to protect.

If you have been one of the hundreds of people harassed, arrested or fined by the Xenia and Beavercreek police for panhandling, please contact me as soon as possible at [email protected] so I can help you out. I want to hear your story.

Virgil Vaduva is a Libertarian security professional, journalist, photographer and overall liberty freak. He spent most of his life in Communist Romania and participated in the 1989 street protests which led to the collapse of the Ceausescu regime. He can be reached at vvaduva at truthvoice.com.

PARMA, OH – Parma Police have arrested and charged Anthony Novak in connection to his involvement in the creation of a fake Parma Police Facebook page. Parma PD is the same police department that recently prosecuted a CopBlock activist for recording their activities in public.

Novak, 27 years-old, listing an address in the 8300 block of Pinegrove Avenue in Parma.

Novak has been charged with one count of Disrupting Public Services.

Anthony Novak, of Parma, Ohio

On March 2, 2016, Novak created a fake Facebook page that was nearly identical to the Parma Police Department’s official Facebook page. The fake account used the name “The City of Parma Police Department,” and was set up in a manner in which it was similar to the department’s official Facebook page.

After creating the fake Facebook account, Novak posted derogatory and inflammatory information that purported to be from the Parma Police Department. Parma police detectives worked with officials from Facebook in order to determine Novak’s involvement in creating the page.

The department’s official Facebook page is listed as Police Station, Government Organization under the name.

Norman Gurley, 30, is facing drug-related charges in Lorain County, Ohio, despite the fact that state troopers did not actually find any drugs in his possession.

Ohio passed a law in 2012 making it a felony to alter a vehicle to add a secret compartment with the “intent” of using it to conceal drugs for trafficking.

Gurley is the first actual person arrested under the law. WKYC in Northeast Ohio covered the arrest, with no notable journalistic skepticism whatsoever:

They pulled over the driver for speeding, but then troopers noticed several wires running to the back of the car.

Those wires then led them directly to a hidden compartment.

Around 5 p.m. on Tuesday state troopers made the arrest under the law, which is meant to combat criminals who modify the inside of their car, allowing them to store drugs or weapons inside secret compartments, which can often only be accessed electronically.

They just noticed some wires, did they? Just while in the process of handing Gurley a speeding ticket, they noticed the wires?

They did not, however, find any drugs, which means they’re arresting Gurley for the crime of an empty space:

Troopers arrested 30-year-old Norman Gurley, who didn’t even have any drugs on him, but it didn’t matter, because in Ohio, just driving a “trap” car is now a felony.

“Without the hidden compartment law, we would not have had any charges on the suspect,” says Combs.

But because of this law, one more “trap car” is now off Northeast Ohio roads.

“We apparently caught them between runs, so to speak, so this takes away one tool they have in their illegal trade. The law does help us and is on our side,” says Combs.

Combs’ claim is not challenged by the news station at all.

The law says it’s only a crime if the hidden compartment is added with the “intent” to conceal drugs, but it also outlaws anybody who has been convicted of felony aggravated drug trafficking laws from operating any vehicle with hidden compartments. The ACLU of Ohio warned against the new legislation:

The ACLU of Ohio believes SB 305 is an unnecessary and unproductive expansion of law. Drug trafficking is already prohibited under Ohio law, so there is no use for shifting the focus to the container. Further by focusing on the container itself, this bill criminalizes a person with prior felony drug trafficking convictions simply for driving a car with a hidden compartment, regardless of whether or not drugs or even drug residue are present.

Given this is the first arrest, you have to wonder how the courts might view a law making it a felony to alter a person’s own property for reasons that have nothing to do with actual public safety. Maybe we’ll see.

As for the car itself, the Institute for Justice’s 2010 “Policing for Profit” report calculated that law enforcement officials in the state have collected more than $80 million in shared proceeds from asset forfeiture funds. Oh, and the hidden compartment law exempts vehicles being operated by law enforcement officers, so if state troopers can come up with an excuse to use the ride they just grabbed, they may be able to keep it for themselves.

A judge convicted a former Lima Police Department officer this afternoon of raping a 16-year-old girl.

Judge David Cheney issued his verdict at 1 p.m. today after reviewing the evidence from a two-day trial last week. Cheney convicted Justin Bentz, 28, of rape and kidnapping, a pair of first-degree felonies, two counts of sexual battery, a pair of third-degree felonies, and one misdemeanor count related to furnishing a minor with alcohol.

He will be sentenced April 14. He faces up to 11 years in prison for each of the two first-degree felony charges.

During the trial, Bentz’s defense painted the 92-pound, 5-foot-2 girl as the aggressor. Several witnesses described her as looking 12 years old.

During the trial last week, visiting prosecutor Todd Schroeder pressed Bentz on the classes he took online just hours before to complete a continuing education requirement that prevented him from working the streets that evening. The classes included informing him again it was against the law for a peace officer to have sex with an underage girl. Classes also included sexual assault investigations, evidence collection, and pitfalls in such cases.

“How could it have never crossed your mind when hours before you were taking a class about sex crimes against minors?” Schroeder asked.

Bentz said he didn’t think about it.

“It’s not something you usually think of when someone is coming on to you,” he said.

Schroeder responded, “You’re a peace officer, you’re not just someone.”

Bentz was also involved in a 2011 deadly shooting in which a man was killed during an altercation with police.

REYNOLDSBURG, Ohio – Reynoldsburg police chief Jim O’Neill confirms a veteran officer was arrested on duty this morning by federal agents.

Office Tye Downard faced a federal judge this morning on drug charges.   Downard has worked for Reynoldsburg Police for more than 20-years and is a veteran member of the DEA Task force.  He is also a member of the Reynoldsburg P.D. SWAT team.

The U.S. Attorney’s office says Downard allegedly made more than 20 deliveries of narcotics between October 2015 and February 2016, including heroin, cocaine, marijuana and Percocet pills.

It is alleged that, on 21 occasions between October 2015 and February 2016, Downard delivered drugs to an individual to sell. The complaint further alleges that Downard seized blue-and-white Percocet pills during a search warrant and provided blue-and-white Percocet pills to the individual to sell two days later.

Likewise, Downard was involved in the execution of a search warrant that yielded several green glass canning-style jars containing harvested marijuana buds. The next day, Downard allegedly provided the individual with four green glass canning-style jars containing harvested marijuana buds.

Possession with intent to distribute controlled substances is a crime punishable by up to 20 years in prison.

In what can only be described as a blatant attempt to shut down speech critical of police abuse, a self-identified Ohio LEO from the village of Yellow Springs, Ohio has recently attempted to convince a prosecutor in Greene County to file charges against a Facebook user over a seemingly frustrated comment posted during an online debate.

The cop named Todd J Turner who resides at 661 North Enon Rd. in Yellow Springs, Ohio posted a retaliatory rant about a Facebook comment made by a user named Chuck Montgomery.  Montgomery shared a news article about another local cop who was placed on paid leave after posting a happy Facebook comment regarding the suicide of a local activist on the steps of the Ohio State House.

In his comment, Chuck Montgomery said, “If anyone in the area murders this cop, I will gladly throw a celebration in their honor and put money on their commissary books.”

As a result, Turner contacted the Greene County Prosecutor’s office claiming the comment is a threat against the life of a police officer and asking for charges to be filed against Montgomery. He also contacted Montgomery’s employer calling for his firing.

As a result of Turner’s efforts, local media outlets are now reporting that the Fairborn Police Department is investigating the comment as a threat against the racist cop who is actually on leave.

The original posts made by Turner are included below. While Turner condemns the racist comments made by Lee Cyr, he also calls for the prosecution of Montgomery, calling for his firing and even possible incarceration. Furthermore, the original comment left by Montgomery was edited and no longer exists.

Detective Lee Cyr, Fairborn Police

Fairborn, Ohio cop Lee Cyr will be placed on paid administrative leave for a Facebook comment he posted on a story about a Black Lives Matter activist who committed suicide, in which he showed was glad that the man killed himself.

The comment, “Love a happy ending,” was posted on the Ohio Politics Facebook page two days after MarShawn McCarrel killed himself on the front steps of the Ohio Statehouse on Monday.

Cyr, who also served as a West Carrollton Schools Board of Education member for about four years before moving out of the district in 2013, was off duty when the comment was posted, according to police. However, if the investigation determines Cyr is responsible for the post, he will have violated the police department’s social media policy.

“When we were made aware of a Facebook post that was linked to a Fairborn police officer, an internal affairs complaint was initiated,” said Fairborn Police Chief Terry Barlow.

The comment has been removed from the Facebook page. It was one of several on the Facebook post about McCarrel’s death that applauded the 23-year-activist’s suicide. The comments included remarks such as, “One less to worry about,” “One down, many more to go,” and “Good one down.”

Fairborn officers are not allowed to post to social media while on duty.

According to a press release issued today, the Fairborn Police Department was made aware of a social media post that was linked to Cyr.

“An internal affairs complaint was initiated and the department will be investigating further into the origin of the media post,” the release said. “The department takes these types of issues very seriously and will ensure that the professional standards of the department are upheld.”

The department said it will not comment any further, due to the ongoing investigation.

In 2014, Cyr made $75,611 in gross pay as an officer for the city of Fairborn.

Sandusky County Sheriff Kyle Overmyer

A group of Ohio police chiefs claim that a local sheriff stole drugs from their departments, falsely claiming that he was collecting the illegal substances for disposal by the U.S. Drug Enforcement Agency (DEA). The police chiefs also claim that state officials stalled an investigation into the matter for political reasons.

Sandusky County Sheriff Kyle Overmyer met with Police Chief Mark Kaufman at Bellevue Police Department in April of 2015. Overmyer said he was collecting drugs for disposal by the DEA.

Kaufman was new to his job at the time. He told the Sandusky Register that unbeknownst to him, Overmyer had visited the department on two other occasions to collect DEA drug boxes.

“Well, I didn’t realize he had been there the other two times,” Kaufman said. “And my detective didn’t think anything of it. It was the sheriff picking up these things. He told us – he told me personally – he had an agreement with DEA and just kept it in whatever facility he had, and he said they come and pick it up a couple times a year.”

Then Kaufman compared notes with other police chiefs in the region and found that they’d had similar experiences. So, he contacted the DEA.

“When I talked to DEA the next day, I learned that the sheriff in fact did not have an agreement with them, and secondly that they told me they had discontinued the pick-ups a couple years ago, and that they were starting again,” he said.

The group of police chiefs then contacted the Ohio Bureau Criminal Investigation (BCI) and state Attorney General Mike DeWine. They say they were assured by the BCI that an investigation into Overmyer was ongoing.

However, DeWine alleges that no such contact occurred and that he knew nothing about accusations against Overmyer at the time the chiefs suggest.

“I don’t know what you’re talking about,” Attorney General Mike DeWine said Friday afternoon when the Sandusky Register called him for comment.

Gibsonburg police Chief Paul Whitaker, meanwhile, said he spoke with DeWine personally about the matter, and DeWine told him he was receiving regular, even daily, updates on the investigation.

The group of police chiefs have repeatedly prodded BCI to pursue a case against Overmyer to no avail. The investigation allegedly relaunches, then the group hears nothing, said Gibsonburg Police Chief Paul Whitaker.

“BCI has been given ample time and opportunity, more chances to conduct an investigation than we ever get in cases,” Whitaker said. “And then we start to get word that possibly the police chiefs are assisting some way in covering up for Sheriff Overmyer, which is bullshit.”

Last Friday, the group — Fremont Police Chief James White, Bellevue Police Chief Mark Kaufman, Gibsonburg Police Chief Paul Whitaker, Green Springs Police Chief Charles Horne, Clyde Police Chief Bruce Gower, and Woodville Police Chief Roy Whitehead — released a statement detailing their accusations against Overmyer.

The case is currently ongoing.

Watch video about this story, embedded below:

Part One:

Part Two: