Shaker Heights Taxpayers Union Sues City
With help of 1851 Center, SHTU seeks injunction against what it believes are threats and unconstitutional restrictions
The Shaker Heights Taxpayers Union on Thursday announced that it has filed a lawsuit against the city.
The complaint accuses the city of "unconstitutional official conduct, policies, practices, regulations, restrictions, threats, intimidation, and/or harassment" related to the city's previous demand that the group cease the use of a logo that parodies the trademarked, four-leaf logo of Shaker Heights.
The group seeks an immediate injunction against those actions and "nominal damages." The 1851 Center for Constitutional Law, a Columbus-based nonprofit organization, filed the suit on the SHTU's behalf with the U.S. District Court for the Northern District of Ohio.
The SHTU believes that the city threatened the group with its own lawsuit under the guise of the Lanham (trademark) Act. The complaint states that the city's underlying motivation was to quiet the SHTU's opposition of the upcoming income tax increase vote on Aug. 7.
“This is an appalling attempt by city officials to silence anyone who stands in the way of their access to more of Shaker Heights residents’ earnings,” Maurice Thompson, Executive Director of the 1851 Center, said in a statement.
SHTU leader Mark Zetzer said last month that the group would no longer use the logo. However, an account in the complaint states that group members were "perplexed" that the city would not allow the group to use the logo if it were accompanied by a disclaimer noting that the group has no affiliation with the city.
Shaker Heights Interim Law Director Bill Gruber is listed with the city as a defendant. He withheld comments Thursday afternoon because he had not finished reviewing the complaint.
View the complaint by clicking 'PDF' to the right.
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Tiffany Wade
6:00 pm on Thursday, July 12, 2012
Pictures of each clover?
Mark Zetzer
7:51 am on Friday, July 13, 2012
Tiffany, you can view the two logos side by side at the 1851 Center's website at http://www.ohioconstitution.org/.
ann nonymous
6:19 pm on Thursday, July 12, 2012
As a resident of Shaker Hts for more than 20 years I am again reminded of why I left Shaker, and by how widely they miss the point and the mark. Here is a community which boasts the highest property tax rate in Ohio, and the highest percentage of Section 8 rental units of any of the Cuyahoga County suburbs. Their greatest problems and subsequent decline require every ounce of attention and resource they can possibly bring to bear. Wasting time and money on such sidetrack issues has become a trademark of Shaker Hts, and it's local government. One can say that at least they are consistent.
Brandon Baker
8:12 pm on Thursday, July 12, 2012
Tiffany, thanks for reading. I'm not sure our company wants to post an image that is in the middle of litigation. The group has it on their Facebook page, though. (http://www.facebook.com/ShakerHeightsTaxpayersUnion)
Mike Parsons
8:26 am on Friday, July 13, 2012
This issue appears to be a distraction from the real topic that matters, the proposed tax increase. For those who took the time to attend it on Wednesday, there was a substantive, open, and civil discussion about the real issue at the Sussex Community Association meeting. I was impressed by the tenor of that meeting, which had the feel of a genuine consideration of the problems we face and the strengths of our community. This petty squabbling about pictures of leaves reminds me of the divisive politics we see taking place in the US House of Representatives. We can do better, Shaker Heights. Drop the rhetoric, discuss the issues, and vote on 8/7.
Meghan Green
9:56 am on Friday, July 13, 2012
The City leaders are the ones who tried to distract from the issue. They are trying to terminate free speech and will use illegal tactics, threat of a SLAPP, to do it. I believe Shaker residents are savvy enough to decide for themselves what their threshold is for high taxes. This increase will only hurt the future of Shaker. Internal and external sources site the same data that supports this statement. Research it for yourselves and make an intelligent choice. Remember - taxes are forever!
Paul Levin
3:32 pm on Friday, July 13, 2012
I had a letter to the Sun Press published recently on this topic, expressing my dismay and embarrassment at the city's actions. In truth, I believe this to be a rogue act by the Interim Law Director, who does not know the law on either the first amendment issue or the Lanham Act exceptions established by the US Supreme Court. This alone should disqualify him from any consideration of appointment as full Law Director and, because his ill conceived acts invited the lawsuit against the city, should be grounds for discipline, including demotion or termination. He has given the city a black eye.