Magistrate halts hearing over Aaron Knapp's ban from Lorain city property

ELYRIA — A Lorain County Common Pleas Court magistrate is seeking more legal arguments in writing before she decides whether to overturn a Lorain city order forbidding one of its residents from being on city property due to alleged disruptive behavior at City Hall. Magistrate Barbara Aquilla Butler ended an evidentiary hearing on Aaron Knapp's request for a temporary restraining order against the city's ban after about an hour of testimony Wednesday. The hearing included Lorain city attorneys playing a video Knapp himself recorded in which he yelled insults at or about Lorain City Council members and other city officials following a Feb. 16 City Council meeting. Butler described Knapp's behavior that night as "almost harassing" and potentially criminal. "I feel that this behavior could actually be the subject of a civil stalking protection order" or CSPO, Butler said, "and if it was before me, I would grant it for each one of those councilpersons who may have been subject to your comments, to your yelling, to your following. I also think that the behavior itself may actually rise to the level of a criminal matter." Butler said she would immediately recuse herself from such a petition if filed by the city. She then said she understood what the city was trying to do, but that it hadn't been done properly so far based on the evidence. A pending criminal matter or CSPO would be one thing, but "I just don't feel that there is a proper vehicle here to ban Mr. Knapp from City Hall or any other building at this point," Butler said. Knapp's ban from city property where he allegedly obstructed city business remains in place for the time being, Butler said. Knapp argued that he was exercising "constitutionally protected speech," but Butler shut him down. "But that has limitations," she said. "Not on City Council property," Knapp replied. "Oh, there are limitations," Butler said. "Just like in this court. You can't talk over me. I can hold you in contempt. You can't rush at the court reporter or my bench or I can put you into contempt. There's 100 percent guardrails on your First Amendment rights. And again, we're talking about your conduct here, too, not just yelling threats at the councilpeople as they're trying to get to their cars late at night after working all day and trying to get home. "You have said things and threatened things as well as followed them. There is some action or conduct here that is impeding the city of Lorain's ability to do their job and that is not protected speech." She gave the city until Friday to make further legal arguments, and Knapp until Monday to respond to them. Knapp is pro se, or representing himself. The city is represented by assistant law directors Scott Bowles and Joseph LaVeck. Knapp has argued that his Feb. 17 ban from city property following an altercation with Safety/Service Director Rey Carrion the night before, is a violation of his First Amendment and due process rights. A former candidate for City Council's 6th Ward seat and a self-described journalist, Knapp shot cellphone video of the incident that Bowles played in court on Wednesday. It showed Knapp interrupting Chronicle-Telegram reporter Carissa Woytach's interview of Carrion in a hallway next to Council chambers following that night's Council meeting. Woytach reported that Carrion tried to close the door to Council chambers and Knapp blocked it with his foot. Knapp alleged Wednesday that his foot was injured and that Carrion "chest-bumped" him during the encounter. Knapp testified the alleged physical contact was "unwanted" and that he "felt unsafe." After Councilman Tony Dimacchia, D-at Large, separated the two men, Knapp hurled insults at Dimacchia. Knapp further alleged Carrion assaulted him and demanded Lorain Police Chief Michael Failing take a report against Carrion. Failing told Knapp to make the report across the hallway at the Police Department. No criminal charges have been filed against Carrion, Knapp or anyone else involved. City officials then walked out of the building with Knapp following, yelling demands and insults at them. "I'll play this game all day with you people," Knapp yelled after city officials on the video, mocking them with obscenities and calling them "liars.""I'ma f--- these people up now!" he declared at one point, saying he was going to report what happened "to the feds." Appearing uncomfortable while testifying in court, Knapp said he broadcast the encounter on Facebook Live for his "audience." He said he was "triggered" by city officials who are aware of his diagnosis of post-traumatic stress disorder. "I've never disrupted a meeting," Knapp said in court. Lorain city officials said he did just that on Oct. 20. A City Council meeting that night had to be paused after Carrion confronted Knapp and another man for talking loudly. The meeting resumed after the men left. Knapp and Mayor Jack Bradley also had words following a Jan. 7 city meeting when Bradley said Knapp shouted expletives, made an obscene gesture and screamed about his First Amendment rights after being asked not to yell. Knapp has not been charged with a crime. He was accompanied in court by a service dog for his post-traumatic stress disorder. Knapp has brought a service dog to court before. LaVeck questioned Wednesday if it was necessary. "I know he's making much to-do about that but I argue it's a bit of theatrics," LaVeck told Butler. "I strenuously object to that, your honor," Knapp told Butler. With the talk of possible criminal action, Knapp told Butler he might hire an attorney. Butler told him he can do that at any time "and I highly suggest that you do." Knapp asserted his Fifth Amendment right against self-incrimination when Bowles asked him if he had made good on his promise to report what happened "to the feds." Butler called that moment "an indication we are heading into the weeds." She said she was "actually shocked that the city has not filed some type of petition or criminal charges" because Knapp's behavior on his own video "may rise to the level of criminal menacing." Knapp said that he would consider criminal charges to be retaliation. "There's other evidence, your honor, this is just one piece," he said, referencing the video. Butler told Knapp to include that in his response to the city's legal brief due by Friday. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com.