Lorain Council attendee pleads no contest to disorderly conduct, trespassing charge dismissed

A Lorain Municipal Court judge dismissed a trespassing charge against Lorain City Council regular attendee Garon Petty, but found him guilty of disorderly conduct on Wednesday. Petty, a vocal critic of Lorain city government, was charged with trespassing in City Council chambers on July 1, 2024, and yelling at Council Clerk Breanna Dull. Petty's attorney, Bob Gargasz, said that he came to an agreement with prosecutors in which Petty would plead not guilty to a misdemeanor trespassing charge and no contest to a misdemeanor disorderly conduct charge. After Petty entered his pleas Wednesday before Visiting Judge James Kimbler, Kimbler dismissed the trespass charge and found Petty guilty on the misdemeanor charge, ordering Petty to pay a $100 fine but waiving all court fees. The ruling also held that the no contest plea would not preclude Petty from pursuing or filing any lawsuits against the city related to the case, including an ongoing defamation lawsuit he has filed against Dull, for which Gargasz is also his attorney. Gargasz lauded Kimbler's handling of the case, and said the result was a clear indication of Petty's innocence. "I consider this a complete and total victory because now it sets up the liability," Gargasz said. "As I told (Lorain Law Director Pat) Riley from day one, these cases should be dismissed, all these charges, and he should get the authority to write a check so that Mr. Petty can settle a case and put this behind everyone." The trespassing charge was based on an allegation, outlined in a Lorain police report, that Petty passed a swinging gate separating Council chambers proper from the audience following a meeting and approached Dull "in an aggressive manner." Gargasz argued that Lorain City Rule 41 precludes members of the public from passing through the marked gate only during an ongoing meeting, and that video evidence showed that Petty entered the area after the meeting ended. He said that Petty did do so quickly, only a second after the measure to close the meeting was finalized, but video evidence showed he was not in the area before the meeting ended and did not yell or menace Dull in any way like what was described in police reports. According to the report, the exchange between Petty and Dull ended when Council members Mary Springowski, D-at Large; Tony Dimacchia, D-at Large; and Dan Nutt, D-4th Ward, approached. Springowski reportedly shouted at Petty, and Petty was reportedly told by Council President Joel Arredondo to get back behind the gate but ignored Arredondo's commands, police said. Accusations that Petty was disruptive or aggressive are the basis for a defamation lawsuit Petty filed against Dull in September 2024. The lawsuit alleges that starting July 1, Dull "has in bad faith, falsely and maliciously, defamed" Petty by filing false police reports against him, and libeled and slandered him to City Council members and the Lorain Police Department. Petty is seeking more than $25,000 or up to $1 million in compensatory damages, and more than $25,000 or up to $2 million for punitive damages as well as attorney fees. Gargasz said that the lawsuit would expose a planned effort by city officials to silence Petty for his vocal opposition to their policies and practices. "I think the focus of this should be, to what lengths or extent will a cabal of illegally acting politicians advance unconstitutional behavior to the detriment of Lorain's citizens?" Gargasz said. Contact Owen MacMillan at (440) 329-7123 or omacmillan@chroniclet.com.