Lorain man sues city over unfilled public records requests

A Lorain man has sued the city in Lorain County Common Pleas Court alleging it has refused to provide him with public records. Garon Petty filed the complaint pro se, or without an attorney, on Wednesday. The case is assigned to Judge James Miraldi's court. Citing Ohio open records law in his two-page filing, which cost him $300, Petty asked the following questions: "How much have [sic] been paid to Hertzer, Wickens, Panza [sic] law firm for case #20CV260713? What city properties have liens, mortgages and delinquent taxes?" (Petty appeared to mean the law firm Wickens Herzer Panza in Avon.) He also asked: "Is Lorain city ordinance 115-21 unconstitutional to Article 18 Section 8 of the Ohio Constitution?" A message seeking comment on the complaint was left for Lorain Law Director Pat Riley. Petty, a frequent attendee at Lorain City Council meetings, brought up the issue during the public comments section of City Council's Dec. 20 meeting. He further asked members why his public records requests have gone unanswered. Petty asked for records on how much the city of Lorain had spent on legal fees litigating a $41 million lawsuit that was filed over water rates. "It's pretty nice that I got to be the last one on there for my open record request that was received and filed. Here they are. How much money have the taxpayers paid the lawyers fighting the Lorain water lawsuit in Lorain County Common Pleas Court? You've all got the copies of these. I sent these to all you guys," Petty told City Council. He also asked for a plethora of records pertaining to EPA soil testing results and financial records on city-owned properties. "What are and when do you get any EPA soil samples done at the Hot Waters pier and how deep did you go to get the soil tested? I sent that to you Mr. Washington (Lorain Safety Service Director Sanford Washington Jr.) and you haven't answered it," Petty told Council. "How many and where are the city-owned properties. Which ones have mortgages, liens and delinquent taxes. I got an email from Mr. Crawford (Lorain Planning and Zoning Administrator Drew Crawford) telling me to go look it up. I ain't doing that," Petty told council. "Now for the Ohio Constitution. City ordinance 115-21 was sent out and it reads that the charter document will be sent to each elector who voted in the last federal election and declaring an emergency and it was unanimously voted on by this Council." "This is unconstitutional," Petty told council. "The Ohio Constitution Article 18 Section 8 which reads, 'all of our registered voters will receive a copy.' And I just got a correspondence from the (Ohio) Supreme Court law library today confirming what I just said. Council should probably get a legal opinion from the law department after we find out how much dough we taxpayers have paid for this lawsuit." "And y'all have a merry Christmas," he told members of City Council. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com. Follow him @daveobrienCT on Twitter. Contact Kevin Martin at (440) 329-7121 or kmartin@chroniclet.com. Follow him on Twitter @KevinMartinCT.