Cincinnati Arts Ass'n v. Jones

2002 Ohio 5428, 777 N.E.2d 346, 120 Ohio Misc. 2d 26
CourtCourt of Common Pleas of Ohio, Hamilton County
DecidedAugust 26, 2002
DocketNo. A 0202151
StatusPublished
Cited by3 cases

This text of 2002 Ohio 5428 (Cincinnati Arts Ass'n v. Jones) is published on Counsel Stack Legal Research, covering Court of Common Pleas of Ohio, Hamilton County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cincinnati Arts Ass'n v. Jones, 2002 Ohio 5428, 777 N.E.2d 346, 120 Ohio Misc. 2d 26 (Ohio Super. Ct. 2002).

Opinion

Thomas C. Nurre, Judge.

{¶ 1} This matter came beforelthe court on the defendants’ motion to dismiss. The court heard on the record oral arguments on July 22, 2002. The court has reviewed all relevant filings and arguments of all parties involved.

I. Historical Background

{¶ 2} This matter involves the defendants’ boycott against the city of Cincinnati. The defendants have held themselves out under the name of “Coalition for a Just Cincinnati.” Before delving into this matter as it relates to the parties before the court, the court finds that it is appropriate to set forth a very brief review of the history that has led up to the issues that are currently before the court. This background, while having no real impact on the actual legal issues before the court, serves only for the purpose of providing a historical foundation and, while socially relevant, is not legally relevant to the matter at hand.

{¶ 3} On April 7, 2001, then Cincinnati Police Officer Steven Roach shot and killed Timothy Thomas. This death initially caused a rise in tensions throughout the Cincinnati area. Two days later on Monday April 9, 2001, a large group of mostly African-Americans appeared before Cincinnati City Council. What began during a three-hour meeting in City Hall eventually turned into protests outside Cincinnati Police Headquarters, during which bottles and rocks were thrown by protesters while officers fired beanbag bullets and deployed irritant gas. By Tuesday April 10, 2001, riots had broken out in downtown Cincinnati. During the riots, many acts of vandalism and violence took place throughout the city of Cincinnati. On April 12, 2001, after three days of violence and vandalism, Cincinnati’s Mayor enacted a curfew that lasted from 8 p.m. to 6 a.m. The Mayor also asked for reinforcements from the National Guard to help the Cincinnati police. The curfew remained in effect for four nights. Subsequent to the riots, a number of groups were formed, one of which called itself the Coalition for a Just Cincinnati.

II. Factual Background as Alleged in the Complaint

{¶ 4} The complaint sets forth the following:

{¶ 5} 1. The Cincinnati Arts Association (“CAA”) is an Ohio not-for-profit corporation that operates, among other things, Music Hall, Memorial Hall, and [29]*29the Aronoff Center for the Arts, all of which are located in Cincinnati. Complaint ¶1.

{¶ 6} 2. The CAA serves as a promoter and producer of some of the productions that take place in its various venues. Complaint ¶ 2.

{¶ 7} 3. The CAA also rents its facilities to other promoters, producers, and presenters. Complaint ¶ 2.

{¶ 8} 4. CAA uses the funds derived from the events that it hosts and from the rental activities that it engages in to further its continued existence and also to pay for educational efforts in the Greater Cincinnati Area. Complaint ¶ 3.

{¶ 9} 5. The named defendants hold themselves out as an organization referred to as the “Coalition for a Just Cincinnati” (“CJC”).2 Complaint ¶ 4.

{¶ 10} 6. At least defendants Jones and Scott have stated that as a group they “have no beef’ with CAA and that they recognize that the CAA engages in activities that seek to include minorities in the CAA’s selection of performers and also that the CAA engages in various programs that serve a broad cross-section of the community and its neighborhoods. Complaint ¶ 5.

{¶ 11} 7. At some point in January 2002, the defendants began a concerted effort to cause economic harm to CAA by, among other acts, sending letters to entertainers around the country urging them not to come to Cincinnati to perform. Complaint ¶ 7.

{¶ 12} 8. These letters were directed to entertainers that had plans to perform in various CAA venues or to engage in rental activities with the CAA. Complaint ¶ 8.

{¶ 13} 9. The defendants utilized the Internet, news releases, and further letters to dissuade other entertainers from performing in Cincinnati. Complaint ¶ 9.

{¶ 14} 10. “The defendants intended, by their actions, to create a boycott of CAA by persuading entertainers either not to enter contracts with CAA, or not to honor existing contracts with CAA in an effort to punish the City of Cincinnati for what defendants stated they perceived to be wrongs committed by the City of Cincinnati against them and against African Americans and other minority groups generally. CAA is a third party and not accused by Defendants of committing such wrongs.” (Emphasis added.) Complaint ¶ 10.

[30]*30{¶ 15} 11. Defendants’ actions have caused financial harm to CAA. Complaint ¶ 11-17.

{¶ 16} 12. Defendants’ actions have caused Bill Cosby, Wynton Marsalis, The Temptations, and The O’Jays not to perform in CAA venues. Complaint ¶ 12.

{¶ 17} 13. The CAA fears that the defendants’ actions will prevent other entertainers from appearing in CAA venues and from engaging in rental activities. Complaint ¶ 13.

{¶ 18} 14. Defendants intend to cause people in the community, including regular CAA patrons, from spending money downtown on entertainment, such as the entertainment provided by the CAA. Complaint ¶ 14.

{¶ 19} Based upon these facts, the CAA has brought two claims of tortious interference and one claim of civil conspiracy against the defendants. The CAA has also brought a claim for injunctive relief.

III. Motion to Dismiss Standard

{¶ 20} In the consideration of a motion to dismiss for failure to state a claim, under Civ. R. 12(B)(6), the factual allegations of the complaint must be presumed true and all reasonable inferences drawn in favor of the plaintiff. See Mitchell v. Lawson Milk Co. (1988), 40 Ohio St.3d 190, 192, 532 N.E.2d 753. Dismissal by the trial court is appropriate only when it appears beyond doubt from the complaint that no set of facts in support of the claim can be proved entitling the plaintiff to relief. See O’Brien v. University Community Tenants Union, Inc. (1975), 42 Ohio St.2d 242, 71 O.O.2d 223, 327 N.E.2d 753, syllabus.

Ohio’s Free Speech Clause is Interpreted Under the First Amendment to the Constitution of the United States.

(¶ 21} The defendants base their motion to dismiss upon the free speech guarantees contained within the Ohio Constitution, which reads:

{¶ 22} “Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury, that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.” Section 11, Article I of the Ohio Constitution.

{¶ 23} While the language of Ohio’s Free Speech Clause differs from that of the language of the First Amendment to the federal [31]*31Constitution,3 Ohio courts look to the First Amendment to interpret Section 11, Article I of the Ohio Constitution. Eastwood Mall, Inc. v. Slanco

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Bluebook (online)
2002 Ohio 5428, 777 N.E.2d 346, 120 Ohio Misc. 2d 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cincinnati-arts-assn-v-jones-ohctcomplhamilt-2002.