Local news. If only there had been children present and it wouldn't surprise me if there were, my kids have been. Kids equals no warrant or so I've heard. Smoking around kids is a despicable act these days, with the pop machine a close second.
>>suit was filed last week in United States District Court in Toledo charging two health department workers with violating the constitutional rights of a veteran's organization.
An attorney for AMVETS No. 711, Bowling Green, filed the suit seeking monetary damages "to be determined at trial." The case involves a search from a complaint of a violation of Ohio's smoke-free workplace law.
The suit which names both Tom Rutter and Bryan Hartley as defendants in care of the Wood County Combined Health District at its East Gypsy Lane Road address, alleges the two defendants conducted a warrantless search of the AMVETS facility without the right to do so, based on an anonymous complaint. Rutter is listed as a resident of Wood County and an employee of Wood County's Health District, "a Ohio Department of Health designee;" while Hartley is listed in Franklin County as an employee of ODH.
The suit avows Rutter was permitted inside on Dec. 16, 2010 regarding a complaint; while both defendants were permitted to enter the premises on April 7, 2011.
On the second occasion, the suit states the men were initially refused entry until they produced a copy of the Ohio Revised Code section "that purported to allow defendants unfettered access." A similar scenario followed when the defendants sought to search "behind the bar and in places not accessible to non-working members."
The suit states employees refused until Rutter and Hartley again "thrust forward" the ORC code "as carte blanche."
The suit states AMVETS "suffered economic loss, loss of reputation and was otherwise damaged."
Also alleged the actions of Rutter and Hartley "were committed intentionally, willfully and with malice and ill-will."
The suit notes the plaintiff (AMVETS) is a private club, locked at all times with the inside not viewable from outside the locked door.
The suit also seeks injunctive relief preventing either of the defendants nor any other employee of the Ohio Department of Health from further warrantless searches.
The suit alleges both defendants intentionally violated the constitutional rights of the organization under the fourth and 14th amendments to the U.S. Constitution, protecting it from "unreasonable searches and seizures."
The damages include nominal damages, general damages and compensatory damages for the "wrongful and unconstitutional acts," as well as punitive damages for the "intentional, willful, malicious and bad faith, wrongful, tortuous and unconstitutional acts" of the defendants.<<
Suit over smoking search
