Monday, March 1, 2010

City of Conneaut Ohio Revokes Cease and Desist Letter

9 months after Conneaut City Manager, Robert Schaumleffel's comments at a May 2009 Conneaut City Council Meeting made national headlines, the
City of Conneaut Ohio has changed their position - effectively revoking the Cease and Desist Letter sent to Katie Schwartz,owner of http://www.everythingconneautohio.com.

In addition, the City of Conneaut Ohio issued a public statement in which an apology was given to Mrs. Schwartz the statement also referenced the cities recognition of freedom of speech. Acting Law Director, Luke Gallagher read a public statement at Monday night's meeting and also made several comments alluding to a monetary settlement. We caught up with Schwartz who confirmed that she settled with the City of Conneaut for a small sum of $2,500 and the promise of a public statement. Here is a copy of the letter sent to Schwartz and her attorney from the City of Conneaut's attorney - Tomino and Latchney...


TOMINO & LATCHNEY, LLC
A LEGAL PROFESSIONAL ASSOCIATION
803 E.
Washington St. Suite 200
Medina, Ohio 44256

Telephone: (330) 723-4656
Facsimile: (330) 723-5445
E-mail: jlatchney@brightdsl.net
January 21, 2010

VIA FAX and E-MAIL:
brett@josephlawservices.com
Brett R. Joseph, Esq.
Joseph Law Services Co.,
LPA
256 Main Street
Conneaut, Ohio 44030

RE: Kathryn M. Schwartz v. The City of Conneaut, Ohio, et al.
U.S. District Court Case No. 1:09 CV 1222

Dear Brett:

Thank you for your thoughtful effort to resolve this
matter before the Mediation. Your efforts have resulted in a change of
position. Indeed, your client’s agreement to conditionally
accept the $2,500 offered in settlement engendered a willingness to issue a public statement by the Defendants. I have forwarded a copy of same and hope it meets your
approval.

While Mr. Schaumleffel remains unwilling to read it, Defendants are
willing to issue apress release to both the Star Beacon and the Courier,
i.e. taking the affirmative action of sending them the public statement.
Please advise whether this action is sufficient to satisfy
your client.
Given the time-sensitive nature of this matter, I look forward to
hearing from you at your earliest convenience.

Sincerely yours,
TOMINO
& LATCHNEY, LLC, LPA
John D. Latchney



The public apology/statement will be sent to both The Star Beacon and The
Courier as confirmed by acting law director, Luke Gallagher at Monday Night's
Meeting. Here is a copy of the proposed statment slated to be sent to the above
media outlets via certified mail on Tuesday:

The City of Conneaut, by and through its representatives, Robert A. Schaumleffel, Jr. and Lori B. Lamer, withdraw the letter sent to Kathryn Schwartz dated May 15, 2009 relative to her website, www.everythingconneautohio.com.

The City of Conneaut and its administration unequivocally support the concepts of free speech and freedom of assembly as guaranteed by the U.S. Constitution. We further support entrepreneurship and appreciate Mrs. Schwartz’ efforts to contribute to the community in a meaningful way.

If any statement made at any public meeting was construed by Mrs. Schwartz as abridging her rights to free speech, we regret it. Certain comments made at a Council meeting were not intended to be directed to her personally, and the City and its administration apologize for its lack of clarity in making those comments. The intention was not to embarrass her or single her out for public ridicule and we regret if anything said was interpreted as anything more than a general criticism of others.

Certainly one lesson to be learned from this experience is that open dialogue and
communication is a key component to open government and governmental-citizen relations.