Ohio Case on Whether Polling Place Locations Beyond 100 Feet Must be Open to First Amendment Activity

On October 18, U.S. District Court Judge Michael Barrett will hear arguments in Liberty Township Tea Party v International Brotherhood of Electrical Workers Local 648, southern district of Ohio 1:10-cv-707.  The issue is whether a private property owner who rents out space for a polling place may stop leafletting outside the polling place, in the area beyond 100 feet of the polling place door.

This particular Ohio polling place is a union local headquarters.  Union officials told Katherine Dirr that she could not stand on their property with a sign that said “Stop Obama Care”, on primary election day in May 2010.  Ohio election law does not permit electioneering within 100 feet of the polls, but she was beyond the 100 foot limit.  She and the Liberty Township Tea Party argue that if the union is correct, then the union could permit electioneering and leafletting (outside the 100 foot zone) for one side of an issue, but not the other side.  Thanks to Rick Hasen for the news.


Comments

Ohio Case on Whether Polling Place Locations Beyond 100 Feet Must be Open to First Amendment Activity — 6 Comments

  1. How ironically hypocritical that tea party people, who are presumably rabid defenders of private property rights, are the plaintiffs in this kind of lawsuit.

  2. “How ironically hypocritical that tea party people, who are presumably rabid defenders of private property rights, are the plaintiffs in this kind of lawsuit.”

    It’s obviously a public building-temporarily-on election day. Though typically only parts of the building are a public venue, there can be little doubt about the public(voter’s) entrance due to the placements of the usual public notices.

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