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Beatty Attorneys Seek Supreme Court's Reconsideration PDF Print E-mail
Written by Jeff Garvas   
Wednesday, 07 February 2007

On Monday, Bruce Beatty's lawyers filed a motion for reconsideration of the courts refusal to hear an appeal in City of Toledo v. Bruce Beatty. The Beatty case began when Bruce Beatty held a party in a Toledo park to celebrate the one-year anniversary of concealed carry in Ohio. His well publicized event and subsequent misdemeanor charges, for possession of a firearm in the park, were eventually appealed to the sixth district appellate court.

The appellate court ruled against Beatty basing most of it's decision on it's own precedent in Am. Fin. Serv. Ass'n v. Toledo. Since appealing the Beatty case to the Ohio Supreme Court that court has overruled the Sixth District's decision in American Financial, pulling the rug out from beneath the decision against Beatty in the appellate court. Unfortunately, the Ohio Supreme Court refused to hear Beatty before this fact could be raised in the appeal. From the motion:
However, American Financial has since been overruled by this Court, rendering the appellate court's reliance on the decision misplaced and its final decision on the issue of whether R.C. 2923. 126(A) is a general law incorrect.
Monday's appeal is likely the last chance to bring this chicken and the egg scenario before the court for due reconsideration. When the court refused to hear Beatty in January Justice Evelyn Lundberg Stratton and Justice Judith Ann Lanzinger dissented and said they would accept Beatty's appeal, indicating that we need to convince just two more justices for a simple majority.

Based on the nature of this request Ohioans For Concealed Carry is optimistic that the court could actually reverse itself and hear this appeal. Further, while the Ohio Supreme Court contemplates the Beatty decision we will continue to pursue Ohioans For Concealed Carry v. City of Clyde in the Sixth District and attempt to convince them to reverse themselves based on the disposition of American Financial.