COLERAIN TWP., Ohio — A woman created a critical newsletter of Colerain Township leadership using the township's name and insignia, but she was told she couldn't do that. Now she's suing the township claiming it violated several of her constitutional rights.
A federal lawsuit was filed Monday morning in the U.S. District Court for the Southern District of Ohio Western Division. It demands compensatory and nominal damages among other relief.
"It goes with the core of the First Amendment. I mean, pamphleteering? This is literally the oldest form of critical speech in America and it goes back to the core of why the Founding Fathers created the First Amendment," said attorney Matt Miller-Novak.
His client wrote up a newsletter entitled "Colerain Council of Neighborhoods" and brought a stack of the pamphlets to a January Board of Trustees meeting, he said.
"She did not attempt to sell these pamphlets, and these pamphlets were not commercial in any manner. In fact, even a cursory inspection of the pamphlet shows that it is about “residents” binding together to discuss their dissatisfaction with Defendants," the motion reads. "The pamphlet clearly refers to Defendants in third person within the first couple of paragraphs. For example, the pamphlet specifically criticizes the Township in a manner no reasonable person would think is the government speaking."
Miller-Novak said his client left the newsletters on a community table outside meeting chambers, but when she went back to grab them they were gone. Police Chief Edwin Cordie III allegedly confiscated them, he said.
"Davis asked Defendant Cordie to return her pamphlets, and he refused. According to Defendant Cordie, he seized these pamphlets because he considered them as evidence of the crime of trademark infringement. Thus, Defendant Cordie informed Davis that he seized her pamphlets without a warrant because he was 'investigating' her for criminal prosecution," the motion reads.
"Quite frankly I think the only thing they're concerned about is the critical analysis of their performance and I have the feeling that if it was a supportive letter we wouldn't be talking right now," Miller-Novak said. "You know since I've been here — I've been going to bowling at Colerain Bowl. They don't care bout people using their name. They care about a critic."
On Jan. 24, his client received a cease-and-desist letter from Scott Sollmann, the township's law director. It claimed the woman utilized Colerain Township’s identity without proper authorization. Sollman requested she immediately stop using the name, image and likeness of the township in the newsletter or any other communication materials "as it misleads the public into believing such communications have been made with the consent or on the part of the Township."
The township is masking its assault on critical speech through obtuse trademark infringement claims, Miller-Novak said.
"It's aggressively unconstitutional and un-American," he said. "For the government to basically tell one of their citizens, you can't even use our name in a critical pamphlet — it just goes beyond the pale."
Miller-Novak said neither federal nor state law allows the township, or any municipality, to trademark its name or insignia. He noted more than a dozen organizations and businesses that currently use or have "Colerain" in their name, including the Colerain Republican Club.
"Colerain Trustee Matt Wahlert is a Republican. He likes posts on the Colerain Republican Club Facebook page, and the Colerain Republican Club shares his campaign announcements. Trustee Wahlert clearly is aware that the Colerain Republican Club uses both the name and insignia of Colerain," the motion reads. "Defendants’ Fiscal Officer’s name is Jeff Baker. Fiscal Officer Baker is the Vice President of the Colerain Republican Club. Clearly, Defendants’ Fiscal Officer is aware that the Colerain Republican Club uses Defendants’ name and insignia. More importantly, Fiscal Officer Baker uses both Colerain’s name and insignia to endorse himself and Trustee Wahlert. As just one example, on October 9, 2023, the 'Colerain' Republican Club announced that '[its] candidates' Trustee Matt Wahlert and Jeff Baker spoke at the Colerain Republican Club’s meeting. Both Colerain’s name and insignia are clearly displayed along with this political endorsement."
WCPO 9 reached out to township administration for comment on the lawsuit. A spokesperson shared this statement:
The Township is in receipt of Ms. Davis’ filed injunction. The Township categorically denies the claims set forth in the motion. At no point has the Township violated any of Ms. Davis’ rights. The Township will respond to the claims in more detail through its court filings.
"I think when you have these kind of First Amendment threats, where you use the word criminal for criticism and critical pamphlets, that message isn't just received by the plaintiff, it's received by everybody that lives in that jurisdiction that if I pass around a critical pamphlet, these people will come after me," Miller-Novak said.
A temporary restraining order and preliminary injunction has also been filed requesting the courts disallow township officials from prohibiting the woman's ability to use Colerain’s name and insignia in critical literature.
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