Elyria Schools: City used school property without permission

ELYRIA — Elyria School Board members took issue Wednesday with city officials using Elyria Schools' property against the district's wishes. On July 30, McKinley Elementary was the site of a rally against University Hospital's decision to end delivery services. UH staff, parents and Mayor Frank Whitfield all took part in the event. At Wednesday's virtual school board meeting, Superintendent Ann Schloss said before the rally, Assistant Safety Service Director Kevin Brubaker approached her and asked if they could use McKinley Elementary as the location. Brubaker is a former Elyria Schools board member. Schloss said that because the school district partners with both the city and UH, school officials wanted to remain neutral and did not want to have the event on school property. At that time, Schloss said the Brubaker did not question or push back against the decision, just said thank you and that he thought he'd ask. But come July 30, the rally went on at McKinley. Schloss said she was not aware it would be held there until the event was underway. "It did happen against my wishes," Schloss said. Board President Greg Elek expressed concern at the rally being held there as "this board has gone out of its way to be neutral on different political things in the city." Although Schloss said the city wanted to tap into the school's electricity for the rally, the city instead used a generator. Elek asked the school board's attorney, Howard Lane, to send the board members his thoughts on what Elyria Schools' rights are with the use of building properties. Lane also represents The Chronicle's parent company, Lorain County Printing and Publishing Co. "That is a little alarming that something like this would happen, especially with the city," Elek said. "... It's concerning another organization would ask for permission to use our property and then go ahead after permission was denied." Lane said that generally, school property is controlled by the school board, but it is also public property, which has different rights as opposed to private property. There's also a freedom of speech and assembly issue, but Lane said schools generally aren't a place for public forum unless the school has a policy that allows it. There are statutes that also come into play, Lane said, which requires schools to allow for property rentals although the district can put restrictions in place. That's where Lane said there are some inconsistencies between the statutes and school policies. Lane said within a week, he'll send something to the Board members. Elek said if the tables were turned, the school district would honor if the city denied use of its properties to the school. The Chronicle contacted Whitfield, asking if he was aware Schloss did not want the school's property to be used, who organized the rally and why that location was chosen. Chief of Staff Ren Flanders responded in his place, saying the rally was organized by the doctors and nurses, as well as the general community. McKinley Elementary was chosen because of its proximity to the hospital and it was comfortable for everyone, Flanders said. She did not respond to additional questions of what the city's role was in the planning, and if the city let the doctors and nurses know that Schloss declined to have the rally on school property. Contact Laina Yost at (440) 329-7121 or lyost@chroniclet.com.