Child enticement case against Amherst man dropped on constitutional grounds

AMHERST — Don Margolis said he never expected a brief conversation with two 12-year-old boys about his classic convertible to lead to "a horrible nightmare." A child enticement charge against the 77-year-old Amherst man has been dropped, the case dismissed on constitutional grounds. "The kids were nice kids and they wanted to see the car," Margolis said in a phone interview Wednesday, recounting the Aug. 24 incident that led to his arrest. The 50-year-old MG is "a conversation-maker," he said, a piece of the past that brings him happiness. According to Margolis, the boys approached his car in the Dairy Mart parking lot on Cleveland Avenue and asked for a ride to the Amherst Public Library. Margolis said he declined. Giving a ride to both boys would have been impossible, he said, because there was only one passenger seat — but he allowed one of the boys to hop in the car for a few seconds. The interaction raised alarm among bystanders, and Margolis left, he said. He said he agreed to talk to Amherst police, but ended up in front of Oberlin Municipal Judge Thomas Januzzi. Margolis pleaded not guilty to the first-degree misdemeanor count. He spent the night in Lorain County Jail while waiting to be fitted with a GPS monitor, and said he contracted COVID-19 from exposure to other inmates. A third-generation mattress salesman, Margolis said he was appalled by the uncomfortable mattresses at the jail. The night was one of the worst of his life, he said — he remembers wondering whether he would survive it. When he was released on bond, Margolis said $1,200 in cash was missing from his wallet and his reading glasses were broken. Jail personnel gave him a $900 debit card with the rest of his belongings, he said. He spent the next 52 days on house arrest. Four days before his trial was set to begin, the case was dropped. Margolis said his attorney pointed out that the criminal section under which he'd been charged had been ruled unconstitutional in 2014. By a 5-2 decision, the Ohio Supreme Court said the statute could be misapplied to people in any number of innocent situations. The state high court's ruling revolved around Jason Romage of Columbus, who was charged in 2010 after offering to pay a child to carry boxes to his apartment. The trial court, the 10th District Court of Appeals and the Ohio Supreme Court all agreed the law was out of line. "Even though the state has a legitimate and compelling interest in protecting children from abduction and lewd acts, a statute intended to promote legitimate goals that can be regularly and improperly applied to prohibit protected expression and activity is unconstitutionally overbroad," Justice Judith Ann Lanzinger wrote in the majority opinion. Amherst Police Chief Mark Cawthon said the dismissal of Margolis' case "caught us off guard," because Ohio legislators amended the child enticement law in 2016. Cawthon said in his view the law remains on the books and he believes there was probable cause to charge Margolis. "It was a challenging case from our standpoint," he said. Januzzi, however, ruled that a law deemed unconstitutional by the Ohio Supreme Court is not a law at all. "Since it is not a law, there is no charge," said the Oberlin Municipal Court's case log. "Since there is no charge, there is no charge to be dismissed. Case closed." Margolis said he is angry about losing 52 days of freedom, and how his reputation has been affected. "It's been a horrible nightmare," he said. He is seeking to have the record expunged. A hearing to seal the record is set for Nov. 21. Jason Hawk can be reached at (440) 329-7122 or news@lcnewspapers.com.