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07.10.06
ACLU Files First Lawsuit Challenging Ohio
Patriot Act
Bill Violates Rights, Increases Bureaucracy Without Preventing
Terrorism
COLUMBUS, OH—The American Civil Liberties Union of Ohio filed a legal
brief with the Ohio Supreme Court in its first challenge to the
much-maligned Ohio Patriot Act. The lawsuit, which specifically disputes
a requirement forcing lawyers who act as public defenders to sign a
statement certifying they are not terrorists promises to be only the
first of litigation challenging the many dangerous sections of the Act.
Already, the ACLU of Ohio has begun investigations into reports of other
agencies such as small businesses and non-profit organizations that have
been forced to sign the pledge as a condition of receiving state funds.
“Requiring lawyers, social workers, business leaders and others to sign
pledges that they are not terrorists and do not employ terrorists will
do nothing to prevent a terrorist attack in Ohio,” said ACLU of Ohio
Legal Director Jeffrey Gamso. “Instead, it will only encourage a climate
of fear and suspicion across the state.”
Earlier this month, reports surfaced in the Cleveland Plain-Dealer that
many Ohio officials were concerned that the terror pledges were adding
several layers of bureaucracy to the state’s daily business. Officials
reported that many companies were forced to sign terror pledges multiple
times, some organizations did not wish to sign the pledges, the law was
vague and did not easily define what organizations were supposed to sign
and there was little guidance as to what the state was supposed to do
with completed pledges.
Terrorism pledges are not the only aspect of the Ohio Patriot Act that
has drawn ire from social justice advocates. Throughout the year-long
debate in the Ohio General Assembly, groups such as Ohio Citizen Action
and the League of Women Voters raised concerns over sections of the act
that would increase government secrecy, open the door for racial
profiling and allow police officers to stop and request information from
those in bus stations, airports and train stations.
“The Ohio Patriot Act is an assault on several fronts of the basic
rights all Americans cherish,” Gamso continued. “The ACLU is committed
to defending basic rights such as privacy, a fair and impartial justice
system and other bedrock liberties. Most provisions of the Ohio Patriot
Act are little more than legislative window dressing, which aggravate
citizens in their daily lives and do nothing to stop terrorism.”
Related Documents
Complaint for a Writ of Prohibition
Brief in Support of Complaint for Writ of Prohibition
Merit Brief for ACLU of Ohio
Amicus Brief of Ohio Public Defender's Office & OACDL
Merit Brief for Judge Ross & Bellefontaine Municipal Court
Merit Brief for Ohio Attorney General
ACLU of Ohio's Merit Reply Brief
Ohio Public Defender's Office files amicus brief in support of the ACLU
of Ohio
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