BY BEN L. KAUFMAN
The Cincinnati Enquirer
The American Civil Liberties Union challenged Cincinnati's Over-the-Rhine criminal exclusion zone Friday, saying it violated Patricia Johnson's rights.
The law puts Over-the-Rhine off-limits to those arrested on -- or convicted of -- drug and prostitution charges.
Her complaint, filed in U.S. District Court, said:
Ms. Johnson was arrested March 18 for allegedly trafficking in marijuana and she was banned from Over-the-Rhine on March 24. On March 27, the Hamilton County grand jury refused to indict her, but the ban did not end.
Ms. Johnson was charged with criminal trespass for violating the exclusion zone April 8. She did not live in Over-the-Rhine at the time.
The trespassing case is unresolved in Municipal Court, but she is an an innocent person whose rights have been violated, said ACLU attorney Scott Greenwood.
"We've been waiting for this," Mr. Greenwood said of a client such as Ms. Johnson. "She's golden."
In their complaint, Mr. Greenwood and ACLU colleagues Bernard F. Wong and Robert Gutzwiller asked Judge Susan J. Dlott to strike down the law and award unspecified damages to Ms. Johnson.
Their complaint said the ban violated Ms. Johnson's right to travel and associate with others, her freedom to speak, and her right to due process and equal protection.
Friday's suit reflected Mr. Greenwood's warnings before the 1996 law was adopted.
He said then that punishing someone before conviction is unconstitutional and treating neighborhood residents differently from nonresidents violates the U.S. Constitution's guarantee of equal protection. Similarly, he said, a post-conviction ban is also problematic because it may violate someone's right to travel and right to engage in activities in public spaces.
Deputy City Solicitor Karl Kadon said Friday the city made every effort to adopt a law that would pass constitutional scrutiny. If "any wrong were done," Mr. Kadon said, he would want to know if it was "anomalous or representative" of a larger problem. "If it's not working correctly, we want to fix it."
So far, Mr. Kadon said, "only people who should be restricted" are being excluded and neighbors support changes wrought by the law.
Under the law:
- People arrested on drug and prostitution charges are banned from Over-the-Rhine for 90 days.
- If convicted, the ban is extended for a year.
- Ban violators face criminal trespassing charges.
- Residents, business owners and employees are exempt.
Councilman Phil Heimlich proposed the plan, modeled on laws in Portland, Ore.
Friday, Mr. Heimlich had not changed his mind about the need for the exclusion law or its constitutionality. He was unfamiliar with Ms. Johnson's complaint and would not comment on it.
