Dayton Tea Party v. Ohio Municipal League

Exposing Government Lobbying Records

On June 2, 2011, The 1851 Center for Constitutional Law, on behalf of Relators Dayton Tea Party and Robert Scott, filed a Public Records Complaint in the Ohio Supreme Court demanding Ohio Municipal League (OML) and Ohio Township Association (OTA) lobbying records. Both organizations have used public funds to lobby:

  • Against the Ohio Estate Tax repeal and other tax cuts
  • Against property rights
  • Against the right to bear arms, and
  • In favor of inflated state spending.

The Ohio Municipal League is a non-profit organization that was created by city government officials, and is comprised of and funded by more than 250 cities and 680 villages.  The Ohio Township Association is an association of Ohio townships whose membership contains 99.8 percent of all elected township trustees and township fiscal officers in Ohio.

Both groups exist and survive due to public funding, and invest these funds in advocacy for greater government spending, and against tax cuts and individual rights.  Lately, both have heavily advocated for greater state spending on local governments and against repeal of Ohio’s worst-in-the-nation Estate Tax (80 percent of estate tax revenue is transferred to local governments).

Under the “Functional Equivalency Test” a nominally non-public Ohio entity can be subjected to the Public Records Act if it is the functional equivalent of a public office. The test’s factors include the level of government funding and the extent of government involvement or regulation.The 1851 Center argues that the OML and OTA are the functional equivalent of public offices, as both organizations were created by, are funded by, and exist to serve local governments and public officials.

While this action was dismissed by the Ohio Supreme Court without decision, The 1851 Center believes it is a continuing concern and will pursue it again in the future. Ohioans have a right to know the politically and ideologically-motivated ends to which their tax dollars are being put, and rise in opposition to those ends. Through the OML and OTA, Ohio’s local officials tax their citizens and use these tax dollars to lobby for higher taxes yet, all the while escaping scrutiny for this agenda by running it through the OML or OTA.  Citizens have a right to know exactly how and why their hard-earned money is being used like this.


Gongwer: Tea Party Sues Municipal, Township Groups in Supreme Cour Over Public Records

Dayton Business Journal: Dayton Tea Party sues several Ohio groups

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Complaint for Writ of Mandamus