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CORRECTION: We made a mistake! PDF Print E-mail
Written by Jeff Garvas   
Wednesday, 17 April 2002
Updated: -- The Ohio News Network has a story about this issue that doesn't do it justice.

Recently Ohioans For Concealed Carry has been under the impression that Hamilton County Commissioner Todd Portune was fighting the good fight. We now understand the truth, even if we still believe Prosecutor Mike Allen should revoke his request for an emergency stay.

Earlier today we posted an action item alert which instructed visitors who live in Hamilton County to contact their commissioners to complain. This website and our associated mailing lists are extremely effective in that effort, and a flood of calls ensued.

However, we have been informed of the other side of this story. Below this news block is an email (Verbatim) from Rob Fredericks, Hamilton County Commissioner John Dowlin's legislative aide. Instead of injecting our own opinion about this issue we are providing you with the email describing Commissioner Dowlin's point of view.

We leave the decision making up to the reader, and we appologize for the mistake. It is the goal of this organization to spread the truth about this issue at all times, and we refuse to stoop to the level some our opponents may find acceptable. In the essence of "getting the information out" and by assuming Todd Portune's motives were just, we have made a mistake. We appologize for that and appreciate your incredible grassroots response to this issue.

(Read more to view the response we received an the original post we made today)

The following is a letter received from Rob Fredericks from Commissioner Dowlin's office. Following this letter is the story we ran originally today asking people to call and email.

From: "Fredericks, Rob"
Subject: Hamilton County story on web site

Ohioans for Conceal Carry:

Hamilton County Commissioner John Dowlin has received numerous emails and phone calls as a result of the information posted on your web site. I am writing to correct the information regarding that story which describes the actions of the Hamilton County Commissioners. Until today, I have considered information disseminated by your organization to be fair and accurate. I strongly suggest that you either modify or remove the story from your web site immediately. Although what is printed there is accurate, it is grossly incomplete and clearly misses the entire point of what truly occurred here today.

Commissioner Portune is a self-described left-wing liberal who was quoted today saying that if he had his way he would abolish all guns from the face of the earth. He also stated that he does not agree with the right to carry concealed weapons. To his credit, he did say that the current law is so ambiguous that it is unconstitutional. However, he continued by stating he would prefer a constitutional law passed to prevent anyone from carrying concealed weapons.

Portune was successful at fooling the media (and apparently Ohioans for Conceal Carry, unfortunately) into exactly what he intended to do. What Portune proposed today was an ILLEGAL resolution to direct the independently elected County Prosecutor to drop the appeal to the Ohio Supreme Court. In Ohio, it is unlawful for the County Commissioners to direct any independently elected official to do or not to do anything. Just imagine if the County Commissioners had the ability to direct which deaths the Coroner could or could not autopsy or which cases judges may or may not hear, or as in this case, which appeal the Prosecutors may or may not pursue. The results would be disastrous.

The only authority the Commissioners have over the Prosecutor under current Ohio law is budgetary authority. In this case the Ohio Attorney General will pay the entire cost of the appeal, therefore Hamilton County taxpayers will not pay one additional cent. In addition, the Hamilton County Commissioners were not named as defendants in this case and therefore have no say as to whether the case should or should not be appealed.

Commissioner Portune knew his resolution was illegal and he also suspected Commissioners Dowlin and Neyer would not participate in approving an illegal resolution intended to embarrass their fellow Republican County Prosecutor. In other words, the two Republican Commissioners refuse to participate in what was nothing less than a cheap publicity stunt by Commissioner Portune to give some in the community the false impression that he supports the right to conceal carry. Further evidence to prove it was a political stunt was Commissioner Portune's haste to report to the media that he, a Democrat, in fact supported a resolution to drop the appeal but the two Republican Commissioners refused to second the motion - as evidenced by the story on your web site.

Portune's resolution is not about the conceal carry law. It's not about the right to bear arms. It's about County Commissioners illegally directing an independently elected official to do something that elected official has the lawful right to do.

Gentlemen, Ohioans for Conceal Carry cannot take the position of arbitrarily denying the Prosecutor's rights protected by law anymore than law enforcement and the courts can arbitrarily deny citizens the right to bear arms. Inconsistency damages credibility.

In the future, please consider contacting our office prior to printing information on your web site so that you may report the complete story.

Feel free to contact me or Commissioner Dowlin at anytime at the same number below.

Thank you.

Rob Fredericks
Administrative Aide to Hamilton County
Commissioner John Dowlin
138 E Court Street Room 603
Cincinnati OH 45202
513-946-4405


The original news story we posted: Cincinnati's WKRC has a story about the Hamilton County Commissioner who tried to have their lawyer's emergency stay request in our lawsuit revoked. (This news link may expire)

If you live in Hamilton County you should contact the County Commissioners by telephone and email as quickly as possible to relay your opinion on this issue. Two Republicans refused to second Democrat Todd Portune's effort to halt the appeal and emergency stay request.

When calling, remind these individuals that the County Prosecutor (Mike Allen) has admitted that this law needs to be reformed, has endorsed HB274, and is a hypocrite if he continues to defend an unconstitutional law when he admits publically that it is flawed.

Contact Information:

You can This e-mail address is being protected from spam bots, you need JavaScript enabled to view it to mail all three at once, but telephone calls are highly encouraged.

John Dowlin's e-mail address: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Phone: (513) 946-4405 ; Fax is 513-946-4404

Tom Neyer's e-mail address: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Phone: (513) 946-4409 ; Fax is 513-946-4407

Todd Portune's e-mail: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Phone: (513) 946-4401 ; Fax is 513-946-4446

Thanks to Michael Rolfes for providing us with most of the vital information here.