Oberlin College asks court to reject Gibson's Bakery cross appeal

There is "no substantial constitutional question" for Ohio Supreme Court justices to consider when reviewing Gibson's Bakery's appeal over limits on monetary damage awards, attorneys for Oberlin College argued in a court filing Wednesday. The Gibsons and their attorneys are "distorting" the court record so their arguments will be heard, the college told the state's highest court in a memorandum. The bakery and its owners' arguments also are not "an issue of public or great general interest worthy of this court's review," the college's attorneys argued. Oberlin College appealed a 9th District Court of Appeals ruling against it to the state's highest court in May. The Gibsons filed a cross appeal in June after their appeal also was rejected by the 9th District Court. The Gibsons want a court to rule that caps on punitive damages for defamation awards are unconstitutional, but Oberlin College argued that such caps do not violate the right to due process — and the Gibsons have not cited a court case that says so, the college's attorneys argued. Oberlin College has argued it was protecting students' First Amendment rights to protest and questioned "whether Oberlin is liable at all" for alleged damages to the bakery and its owners' reputations. The Gibsons' cross-appeal is "a 15-page polemic laced with record distortions, designed solely to discourage this court from accepting review of Oberlin's appeal" among other reasons, the college argued. Attorneys for the Gibsons also "inflamed" jurors at a trial in Lorain County Common Pleas Court in 2019 by equating the words used in student chants with "weapons" and saying the college was "bullying" and engaging in "cruel attacks." The matter arose from the arrest of three students outside the bakery on shoplifting and assault charges in November 2016. Students protested outside the bakery for two days. Testimony in court alleged that college officials including former Vice President and Dean of Students Meredith Raimondo supported them with food and clothing, helped hand out flyers alleging the bakery and its owners were racists, and also allowed defamatory statements against the bakery to remain posted on campus. At trial, the Gibsons presented emails and text messages from Oberlin College employees and officials that were critical of the bakery and its owners, some using profanities. The jury found in favor of the bakery and awarded it $44 million. Judge John Miraldi reduced that to $25 million, citing Ohio law limiting monetary damages in civil cases, and also awarded the bakery more than $6 million in attorney fees. More than $4.5 million in interest on top of that brings the estimated judgment against the college to $36 million. The bakery has twice asked courts to order the college to pay what it owes, despite ongoing appeals. Attorneys for the college argued in Wednesday's filing that "$33 million for emails and texts never sent to the Gibsons is exactly the kind of grossly excessive and arbitrary punishment the cap is designed to limit." The Ohio Supreme Court has yet to schedule a hearing or said when arguments in the case might be heard. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com or on Twitter @daveobrienCT.