Notoweega News

Local business continues lawsuit against city for harassment of tribal lands

By DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

LOGAN — More paperwork has been filed in the U.S. District Court for the Southern District of Ohio in what Magistrate Judge Mark R. Able has referred to as a “frivolous and malicious” case against the City of Logan filed by Marshal Lucas “Great Elk Dancer for his Elk Nation” in June. Lucas has sued the city for $20 million on a total of 19 complaints stemming from his business, Red Door Internet Café, claiming the city has "molested his commerce" and left him no choice but to file the lawsuit in district court.

On Aug. 2, Lucas filed a motion to strike the plaintiff’s first amended complaint and a motion for an extension of time to answer. According to Lucas, the Treaty of Canadaiqua of 1794, Jay Treaty of 1794 and Greenville Treaty of 1795 exempts him from prosecution and harassment by the City of Logan in state court for violations of city ordinances.

Yet Dan Tierney, a spokesperson and attorney with Ohio Attorney General Mike DeWine's Office told The Logan Daily News, “Ohio has no federally designated tribal land, nor is there any recognized treaty under which a Native American tribe holds land in Ohio. Therefore, the State of Ohio would retain jurisdiction.”

Tierney also noted, “The Ohio Department of Taxation may request audits to investigate violations of tax law,” referring to Lucas’ business, Red Door Internet Café.

Lucas wants the district court to deny the motion to strike as moot because the defendants have failed to show a need or good cause for a further extension of time; the motion and relief requested is openended; the motion is untimely; and the defendants have demonstrated a lack of diligence in completing the discovery.

The city refutes the accusations and has filed a motion to strike, and an extension of the answer date as well. The city claims the plaintiff's first amended complaint was improperly filed and uncertainty surrounding the status of the pleadings necessitates an extension of the city defendants’ answer date. According to paperwork obtained from the U.S. District Court, Lucas has filed an application to proceed in forma pauperis, and the Sixth Circuit has held that a plaintiff proceeding in forma pauperis cannot amend his complaint to avoid dismissal by the magistrate, which appears to be what Lucas has done.

The law firm for the city, Mazanec, Raskin & Ryder Co., L.P.A., contend that the amended complaint was improperly filed and should be stricken from the record and requests the court extend the answer date for 20 days after the court rules on the motion.

Lucas is asking the court for “injunctive relief and declaratory judgment as well as compensatory damages for the value of the business opportunity or expectancy that was lost as a result of the defendants’ tortuous and improper interference of his business.”

Internet cafes have come under scrutiny lately, especially after a multi-agency investigation of online gambling targeted Internet cafes in seven counties throughout Ohio, including Union, Shelby, Hardin, Butler, Montgomery, Franklin and Logan counties.

Tierney also made note of the new laws regarding Internet cafes which will become effective Sept. 1. Law enforcement officials, including the attorney general’s office, contend that Internet cafes operate as illegal gambling establishments, and in some cases, engage in money laundering and other serious criminal activity.

“Generally, owners call their businesses Internet cafés because they purport to sell Internet time to be used at computer terminals,” Tierney stated. “These businesses also often sell prepaid phone cards. The owners sell these products and offer opportunities to play casino-style games on terminals as part of a purported sweepstakes.”

“The legislation taking effect next month would prohibit cash prizes for games played at an electronic sweepstakes terminal and limit the value of such prizes to no more than $10,” he added. “These regulations bring such ‘sweepstakes’ games in line with other Ohio gaming laws. The restrictions also make it easier to investigate violations, as the limits on prizes are clear.”

“Local law enforcement and BCI will investigate violations of the new law,” Tierney noted. Lucas, who believes he has been harassed since he first opened his business in Logan, the Mingo Trading Company, alleges that those mentioned in the suit have interfered with his commerce, all of which he describes as “tribal” businesses.

Although Able has recommended the suit be dropped against all named in the suit except Logan Fire Chief Brian Robertson, District Court Judge Michael H. Watson has not signed the paperwork making it official.

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