Criminal theft charge against Colerain lodged for "confiscating" a newsletter to block free speech

The image that Colerain Township alleges criminally violates its copyrights because it is indistinguishable from its township logo.Photo byThe Cincinnati Post, January 2024

The Colerain Township Law Director, Scott Sollman of Schroeder, Maundrell, Barbiere, & Powers, directed the Chief of Police to “confiscate” and retain all copies of a community newsletter called, Colerain: Council of Neighborhoods; A Community Newsletter brought for distribution at a public meeting of the Colerain Township Board of Trustees.

Carrie Davis, advocate with Child Advocacy for Rights & Equity, Inc., brought the newsletter for the purpose of distributing it to spectators and placing on the record during the trustees’ meeting January 23.

In every town hall for years, the residents have begged for a community newsletter. When I had the opportunity to bring this to the meeting, I thought it would be appreciated. I didn't expect to be accused of commiting a crime.”

However, the township confiscated the newsletter from a table outside the meeting chambers without any warrant or citation before the meeting even started. When Davis asked the police chief to return her property, he refused, claiming he was too busy to give it back to her and that the document had a trademark infringement that was an ongoing illegal act, making Davis fearful of arrest.

Davis has good cause to be afraid of arrest.

The township has arrested Davis 3 times – all 3 cases were thrown out for “want of prosecution” under the former prosecutor, Joe Deters. Township trustees have battered Davis for years due to her outspoken advocacy, berating her from the chamber bench, yelling, “Get a job!” and calling her a “race-baiter” for defending 400 kids whose football practice facilities were bulldozed while the township built up parks in what she called, “white neighborhoods.”

Davis says, she again asked Police Chief Ed Cordie for the newsletter back after double-checking for any trademark or copyright infringement on the appropriate state and federal sites. Independent research confirms there is no registration by the township and the name, “Colerain” and the rotunda image is used by others, as well. She informed the chief thereof. Cordie still refused to return the newsletters stating, “Our law director directed me to keep it”.

The law director has walked this township into lawsuit after lawsuit,” said Davis, “It looks like he’s walked them into another one.”

The township has lost or settled numerous lawsuits for violations of Public Records and Open Meetings law and improper staff terminations. According to public records, the township is facing another lawsuit for the firing of a whistleblower, Jarrod Alig, for reporting unethical conduct by “higher-ups” in the planning and zoning department. Alig alleges he was repeatedly required to violate residents’ due process rights, improperly issue text amendments, and give favor to attorneys representing clients before the Zoning Commission. In Alig’s last public action, he requested a text amendment that was unanimously supported by the Zoning Commission, to separate the Development Department from the Zoning Department due to improper influence. He is – at least - the third Zoning Administrator to leave or be fired in 7 years.

Email from Colerain's law director claiming the image on the right is the township's logo and the one on the left is copyright infringement.Photo byThe Cincinnati Post, January 2024

Scott Sollman sent to Davis a “Cease and Desist Letter” via email January 25^th, directing her to not use “our township's name, image, or likeness” despite no executive session authorizing the issuance of the letter, such actions from the township trustees, is a violation of the Open Meetings Act, according to Davis.

The evidence alleged to violate copyright laws because it features the township "name" and a rotunda with the insignia "CCN" on its face.Photo byThe Cincinnati Post, January 2024

Davis responded to the Law Director, stating that the notice was vague and legally insufficient because it lacked any citation of law upon which it was issued and cited numerous exemptions from trademark/copyright infringement actions.

Colerain Township's official logo.Photo byThe Cincinnati Post, January 2024 as derived from https://app.cerkl.com/org/profile.php?id=1998

Davis contends that several provisions of law exempt the use, even if the image used was exactly like that used by the township and had not been altered to denote the satirical, political usage with the "CCN" across the front, because:

· Using the geographical location of “Colerain” is exempted.

· Failure to register the mark legally nor by resolution.

· Satirical usage.

· Political speech. Free speech rights.

· News, informational purposes.

· Inconsistent, selective enforcement.

· Numerous Variations.

· Public domain as a “Classic Rotunda with 6 panels.”

· Public ownership.

· No financial benefit to a nonprofit organization.

The township refuses to return Davis’ property nor to respond to her inquiry as to the legal constraints they are alleging. Because the township has refused to return her property and to give a legally sufficient explanation of the claim that there exists an actual trademark or copyright infringement, Davis has filed a criminal complaint of theft against the township.

(Disclaimer: Carrie Davis contributed significantly to the writing of this article. )