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COPY
DANIEL M, HORRIGAN
2010 JUN LT AMTI: 05
UMMIT COUNTY
I OMMON PLEAS
SUMMIT COUNTY, OHIO
GOLD RUSH ) CASE NO. 2010 06 4y 94
980 Canton Road ) /
Akron, Ohio 44312 ) JUDGE gggiGNED TO JUDGE BURNHAM UNRUH
)
and )
)
SPINNERS INTERNET CAFE ) COMPLAINT
DBA CAFE 7 )
889 Canton Road ) TEMPORARY RESTRAINING
Akron, Ohio 44312 ) ORDER AND PRELIMINARY
) INJUNCTION
Plaintiffs, )
) (Jury Demand Endorsed Hereon)
-vs- )
)
SPRINGFIELD TOWNSHIP )
2459 Canfield Road )
Akron, Ohio 44312 )
)
and )
)
COUNTY OF SUMMIT )
175 South Main Street )
Akron, Ohio 44308 )
)
Defendants. )
Now come Plaintiffs, Gold Rush and Spinners Internet Cafe dba Café 7 (hereinafter
Café 7), by and through counsel, and for the Complaint against Defendants Springfield
Township and the County of Summit allege as follows:COPY
COUNT I
1. Plaintiff, Gold Rush, is a lawfully-owned company located at 980 Canton Road,
Akron, Ohio 44312.
2. Plaintiff, Spinners Internet Cafe, dba Café 7, is a lawfully-owned company
doing business at 889 Canton Road, Akron, Ohio 44312.
3. Plaintiff, Gold Rush, has been lawfully operating an internet access café for
over three (3) months at said location.
4. Plaintiff, Café 7, has been lawfully operating an internet access café since
approximately January, 2010 at said location.
5. On May 11, 2010 Summit County Council passed Chapter 755 et seq. of the
Codified Ordinances of the County of Summit, State of Ohio entitled, “Entertainment Device
Arcades.” Said codified ordinance applies to unincorporated areas within Summit County.
6. Both Plaintiffs, Gold Rush and Café 7, are covered by Chapter 755 of the
Codified Ordinances of Summit County. Pursuant to Section 755.01 of the codified
ordinance of Summit County, Plaintiffs are required to come into compliance with Chapter
755 no later than June 11, 2010.
7. Springfield Township and/or the County of Summit are prepared to issue
citations beginning June 11, 2010 for internet cafes and skill-based games not in compliance
with Chapter 755 of the Codified Ordinances of Summit County.
8. Chapter 755 of the Codified Ordinances of Summit County was not designed to
regulate internet cafes, but. to unconstitutionally put them out of business.COPY
9. Neither Plaintiffs Gold Rush nor Café 7 can possibly comply with the
provisions of Chapter 755 et seq. of the Codified Ordinances of Summit County.
10. | Chapter 755 et seq. of the Codified Ordinances of Summit County is
unconstitutional on its face and as applied to Plaintiffs in that it violates Plaintiffs’ Due
Process and Equal Protection rights under the United States and Ohio Constitutions.
11. Plaintiffs are entitled to a Temporary Restraining Order pursuant to Rule 65(A)
of the Ohio Rules of Civil Procedure restraining Defendants, Springfield Township and the
County of Summit, from issuing a citation for a violation of Chapter 755 et seq. of the
codified ordinance of Summit County against Plaintiffs, their agents or employees.
12. This request for a Temporary Restraining Order is made pending a hearing and
determination of Plaintiffs’ Motion for Preliminary Injunction on the grounds that immediate
and irreparable injury, loss or damage will result to Plaintiffs before notice may be given and
the Defendants or their attorneys may be heard in opposition, as more fully appears from the
Affidavit of James Gamble and Brian Kendrick attached hereto and made a part hereof for all
purposes as Exhibits 1 and 2, and the Certificate of the undersigned counsel showing that the
Defendants and their counsel have been notified of these proceedings on the date of the filing
of this Complaint.
COUNT Il PRELIMINARY INJUNCTION
13. Plaintiffs, Gold Rush and Café 7, incorporate by reference herein the
statements and allegations contained in Paragraphs | through 12 as if fully re-written herein,
and further respectfully request that this Court, pursuant to Rule 65(B) of the Ohio Rules of
Civil Procedure, issue a Preliminary Injunction to prevent and prohibit Defendants,
Springfield Township and/or the County of Summit from taking any further action to citeCOPY
either Plaintiffs, their agents or employees, with a violation of Chapter 755 et seq. of the
Codified Ordinances of Summit County, State of Ohio entitled, “Entertainment Device
Arcades.”
WHEREFORE, Plaintiffs, Gold Rush and Café 7, demand judgment against
Defendants, Springfield Township and the County of Summit, in the following manner:
On Count I for a Temporary Restraining Order restraining Defendants, Springfield
Township and the County of Summit, their agents or anyone acting in concert therein, from
citing either Plaintiff, Gold Rush, Plaintiff, Café 7, their agents or employees, with a
violation of Chapter 755 et seq. of the Codified Ordinances of Summit County, State of Ohio
entitled “Entertainment Device Arcades.”
On Count II a Preliminary Injunction to be issued by this Court to prevent and prohibit
Defendants, Springfield Township and/or the County of Summit, their agents or anyone
acting in concert therein, from citing either Plaintiff Gold Rush, Plaintiff, Café 7, their agents
or employees, with a violation of Chapter 755 et seq. of the Codified Ordinances of Summit
County, State of Ohio entitled “Entertainment Device Arcades.”
Respectfully submitted,
Callahan, Greven, Rilley & Sinn, L.L.C.
Michael T. (Lé (00 bo
137 South Main Street, Suite 300
Akron, Ohio 44308
(330)-376-9260
Fax (330) 376-9307COPY
JURY DEMAND
Plaintiffs, Gold Rush and Café 7, hereby demand a trial by jury composed of the
maximum number of jurors allowable by law.
Michael T. Callahan/(0013533)COPY
VERIFICATION OF COMPLAINT
Now comes James Gamble and Brian Kendrick, after being first duly sworn upon oath,
and attests that the statements contained in the foregoing Complaint are true as they verily
believe.
7
ames ble
V ~
Brian KendrickCOPY
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
GOLD RUSH, et al., ) CASE NO.
)
Plaintiffs, ) JUDGE
)
-vs- )
)
SPRINGFIELD TOWNSHIP, et al. ) AFFIDAVIT OF
) JAMES GAMBLE
Defendants. y
STATE OF OHIO )
) Ss:
COUNTY OF SUMMIT)
Now comes JAMES GAMBLE, after being first duly sworn upon oath, testifies as
follows:
1. Affiant, James Gamble, is over the age of 21 years and is competent to give
the testimony in this Affidavit, and does so upon his own knowledge and
belief;
2. James Gamble is the owner of Gold Rush, an internet café located at 980
Canton Road, Akron, Ohio 44312;
3. Gold Rush has been lawfully operating for over three (3) months at this
location. Prior to commencing operation, Gold Rush received all the proper
zoning and building permits to commence business;
4. At the present time, no one can comply with Chapter 755.03, license
application requirements, in that said section requires a legal opinion thatCOPY
“entertainment devices are not a game of chance, gambling device or gaming
device, or other device that is prohibited from operation in the state of Ohio
under any provision of the Ohio Revised Code;”
5. Affiant is of the belief that unless a restraining order is granted by this Court
against Defendants, irreparable harm will be caused to Plaintiff:
6. The irreparable harm includes, but is not limited to potential jail time,
forfeiture of equipment and money, loss of business, damage to reputation in
the community, and loss of future business.
FURTHER AFFIANT SAYETH NAUGHT
7
James G:
Sworn before me and subscribed in my presence this / { day of June, 2010.
eet
DE Ohio dh
ASRS expiration date
vats
CHAEL T. CALLAHAN, Attorney at Law
m Notary Public i State of Oton
ission has n
wy date Section 147.03 R.C.COPY
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
GOLD RUSH, et al., ) CASE NO.
)
Plaintiffs, ) JUDGE
)
-vs- )
)
SPRINGFIELD TOWNSHIP, et al. y AFFIDAVIT OF
) BRIAN KENDRICK
)
Defendants. )
STATE OF OHIO
Vee
SS:
COUNTY OF SUMMIT )
Now comes BRIAN KENDRICK, after being first duly sworn upon oath, testifies as
follows:
1. Affiant, Brian Kendrick, is over the age of 21 years and is competent to give
the testimony in this Affidavit, and does so upon his own knowledge and
belief;
2. Brian Kendrick is the sole owner of Café 7, an internet café located at 889
Canton Road, Akron, Ohio 44312;
3. Café 7 has been lawfully operating since January of 2010 at this location.
Prior to commencing operation, Café 7 received all the proper zoning and
building permits to commence business;
4. Café 7 cannot comply with Chapter 755.03, license application requirements,
in that said section “requires a legal opinion that entertainment devices areCOPY
not a game of chance, gambling device or gaming device, or other device that
is prohibited from operation in the state of Ohio under any provision of the
Ohio Revised Code;”
5. Affiant is of the belief that unless a restraining order is granted by this Court
against the Defendants, irreparable harm will be caused to Plaintiff:
6. The irreparable harm includes, but is not limited to potential jail time,
forfeiture of equipment and money, loss of business, damage to reputation in
the community, and loss of future business.
FURTHER AFFIANT SAYETH NAUGHT
Vv.
Brian Kendrick
‘A , it Law
RissHoBiaasno ation date
My Commission hi. 9 expiration
date. Section 147.03 R.C.COPY
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
GOLD RUSH, et al. , ) CASE NO.:
)
Plaintiffs, ) JUDGE
)
-VS- )
)
SPRINGFIELD TOWNSHIP, et al. ) CERTIFICATION
)
Defendants. )
Now comes Michael T. Callahan, attorney for the Plaintiffs in the above-entitled
action, and hereby certifies as follows:
1.
That on Friday, June 11, 2010 at approximately p.m. attorney Michael T. Callahan
placed a telephone call to attorney Celeste DeHoff, Springfield Township Law
Director, and Corina Gaffney of the Summit County Prosecutor’s Office and advised
each attorney that he was going to file a new action on behalf of Gold Rush and Café
7 against the Springfield Township and the County of Summit alleging that Chapter
755 of the Codified Ordinances of the County of Summit entitled “Entertainment
Device Arcades,” was unconstitutional, and would be requesting a Temporary
Restraining Order and Preliminary Injunction seeking to restrain the Springfield
Township and the County of Summit from citing Plaintiffs, their agents or
employees, with a violation of Chapter 755 et seq.COPY
Attorney Michael T. Callahan also indicated to each attorney that Plaintiffs would be
seeking a Preliminary Injunction on these identical matters.
On June 11, 2010 Attorney Callahan left a message with Attorney DeHoff who is out
of town. Attorney Callahan indicated he would email Attorney DeHoff everything
that was filed at cedehoff@yahoo.com.
Attorney Callahan spoke to Attorney Corina Gaffney and informed her of the intent
ofhis filing, and indicated he would hand deliver all documents to her at the Summit
County Prosecutor’s Office. She indicated on behalf of Summit County, there would
be no objection.
It is the belief of undersigned counsel that Chapter 755 of the Codified Ordinances of
Summit County is unconstitutional, and unless a restraining order is issued against
Defendants, Plaintiffs will suffer irreparable harm.
Respectfully submitted,
Callahan, Greven, Rilley & Sinn, L.L.C.
Callahan (0013533)
137 South Main Street, Suite 300
Akron, Ohio 44308
(330)-376-9260
Fax (330) 376-9307COPY
CERTIFICATE OF SERVICE
Thereby certify that a copy of the foregoing was sent by email to Celeste DeHoff,
Springfield Township Law Director, to cedehoff@yahoo.com, and hand delivered to Corina
Gaffney, Summit County Prosecutor’s Office, 53 University Avenue, Akron, Ohio 44308, on
this Lf day of June, 2010.
Michael : Callahan’ Ve
Attorney for Plaintiffs
Preview
COPY DANIEL M, HORRIGAN 2010 JUN LT AMTI: 05 UMMIT COUNTY I OMMON PLEAS SUMMIT COUNTY, OHIO GOLD RUSH ) CASE NO. 2010 06 4y 94 980 Canton Road ) / Akron, Ohio 44312 ) JUDGE gggiGNED TO JUDGE BURNHAM UNRUH ) and ) ) SPINNERS INTERNET CAFE ) COMPLAINT DBA CAFE 7 ) 889 Canton Road ) TEMPORARY RESTRAINING Akron, Ohio 44312 ) ORDER AND PRELIMINARY ) INJUNCTION Plaintiffs, ) ) (Jury Demand Endorsed Hereon) -vs- ) ) SPRINGFIELD TOWNSHIP ) 2459 Canfield Road ) Akron, Ohio 44312 ) ) and ) ) COUNTY OF SUMMIT ) 175 South Main Street ) Akron, Ohio 44308 ) ) Defendants. ) Now come Plaintiffs, Gold Rush and Spinners Internet Cafe dba Café 7 (hereinafter Café 7), by and through counsel, and for the Complaint against Defendants Springfield Township and the County of Summit allege as follows:COPY COUNT I 1. Plaintiff, Gold Rush, is a lawfully-owned company located at 980 Canton Road, Akron, Ohio 44312. 2. Plaintiff, Spinners Internet Cafe, dba Café 7, is a lawfully-owned company doing business at 889 Canton Road, Akron, Ohio 44312. 3. Plaintiff, Gold Rush, has been lawfully operating an internet access café for over three (3) months at said location. 4. Plaintiff, Café 7, has been lawfully operating an internet access café since approximately January, 2010 at said location. 5. On May 11, 2010 Summit County Council passed Chapter 755 et seq. of the Codified Ordinances of the County of Summit, State of Ohio entitled, “Entertainment Device Arcades.” Said codified ordinance applies to unincorporated areas within Summit County. 6. Both Plaintiffs, Gold Rush and Café 7, are covered by Chapter 755 of the Codified Ordinances of Summit County. Pursuant to Section 755.01 of the codified ordinance of Summit County, Plaintiffs are required to come into compliance with Chapter 755 no later than June 11, 2010. 7. Springfield Township and/or the County of Summit are prepared to issue citations beginning June 11, 2010 for internet cafes and skill-based games not in compliance with Chapter 755 of the Codified Ordinances of Summit County. 8. Chapter 755 of the Codified Ordinances of Summit County was not designed to regulate internet cafes, but. to unconstitutionally put them out of business.COPY 9. Neither Plaintiffs Gold Rush nor Café 7 can possibly comply with the provisions of Chapter 755 et seq. of the Codified Ordinances of Summit County. 10. | Chapter 755 et seq. of the Codified Ordinances of Summit County is unconstitutional on its face and as applied to Plaintiffs in that it violates Plaintiffs’ Due Process and Equal Protection rights under the United States and Ohio Constitutions. 11. Plaintiffs are entitled to a Temporary Restraining Order pursuant to Rule 65(A) of the Ohio Rules of Civil Procedure restraining Defendants, Springfield Township and the County of Summit, from issuing a citation for a violation of Chapter 755 et seq. of the codified ordinance of Summit County against Plaintiffs, their agents or employees. 12. This request for a Temporary Restraining Order is made pending a hearing and determination of Plaintiffs’ Motion for Preliminary Injunction on the grounds that immediate and irreparable injury, loss or damage will result to Plaintiffs before notice may be given and the Defendants or their attorneys may be heard in opposition, as more fully appears from the Affidavit of James Gamble and Brian Kendrick attached hereto and made a part hereof for all purposes as Exhibits 1 and 2, and the Certificate of the undersigned counsel showing that the Defendants and their counsel have been notified of these proceedings on the date of the filing of this Complaint. COUNT Il PRELIMINARY INJUNCTION 13. Plaintiffs, Gold Rush and Café 7, incorporate by reference herein the statements and allegations contained in Paragraphs | through 12 as if fully re-written herein, and further respectfully request that this Court, pursuant to Rule 65(B) of the Ohio Rules of Civil Procedure, issue a Preliminary Injunction to prevent and prohibit Defendants, Springfield Township and/or the County of Summit from taking any further action to citeCOPY either Plaintiffs, their agents or employees, with a violation of Chapter 755 et seq. of the Codified Ordinances of Summit County, State of Ohio entitled, “Entertainment Device Arcades.” WHEREFORE, Plaintiffs, Gold Rush and Café 7, demand judgment against Defendants, Springfield Township and the County of Summit, in the following manner: On Count I for a Temporary Restraining Order restraining Defendants, Springfield Township and the County of Summit, their agents or anyone acting in concert therein, from citing either Plaintiff, Gold Rush, Plaintiff, Café 7, their agents or employees, with a violation of Chapter 755 et seq. of the Codified Ordinances of Summit County, State of Ohio entitled “Entertainment Device Arcades.” On Count II a Preliminary Injunction to be issued by this Court to prevent and prohibit Defendants, Springfield Township and/or the County of Summit, their agents or anyone acting in concert therein, from citing either Plaintiff Gold Rush, Plaintiff, Café 7, their agents or employees, with a violation of Chapter 755 et seq. of the Codified Ordinances of Summit County, State of Ohio entitled “Entertainment Device Arcades.” Respectfully submitted, Callahan, Greven, Rilley & Sinn, L.L.C. Michael T. (Lé (00 bo 137 South Main Street, Suite 300 Akron, Ohio 44308 (330)-376-9260 Fax (330) 376-9307COPY JURY DEMAND Plaintiffs, Gold Rush and Café 7, hereby demand a trial by jury composed of the maximum number of jurors allowable by law. Michael T. Callahan/(0013533)COPY VERIFICATION OF COMPLAINT Now comes James Gamble and Brian Kendrick, after being first duly sworn upon oath, and attests that the statements contained in the foregoing Complaint are true as they verily believe. 7 ames ble V ~ Brian KendrickCOPY IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO GOLD RUSH, et al., ) CASE NO. ) Plaintiffs, ) JUDGE ) -vs- ) ) SPRINGFIELD TOWNSHIP, et al. ) AFFIDAVIT OF ) JAMES GAMBLE Defendants. y STATE OF OHIO ) ) Ss: COUNTY OF SUMMIT) Now comes JAMES GAMBLE, after being first duly sworn upon oath, testifies as follows: 1. Affiant, James Gamble, is over the age of 21 years and is competent to give the testimony in this Affidavit, and does so upon his own knowledge and belief; 2. James Gamble is the owner of Gold Rush, an internet café located at 980 Canton Road, Akron, Ohio 44312; 3. Gold Rush has been lawfully operating for over three (3) months at this location. Prior to commencing operation, Gold Rush received all the proper zoning and building permits to commence business; 4. At the present time, no one can comply with Chapter 755.03, license application requirements, in that said section requires a legal opinion thatCOPY “entertainment devices are not a game of chance, gambling device or gaming device, or other device that is prohibited from operation in the state of Ohio under any provision of the Ohio Revised Code;” 5. Affiant is of the belief that unless a restraining order is granted by this Court against Defendants, irreparable harm will be caused to Plaintiff: 6. The irreparable harm includes, but is not limited to potential jail time, forfeiture of equipment and money, loss of business, damage to reputation in the community, and loss of future business. FURTHER AFFIANT SAYETH NAUGHT 7 James G: Sworn before me and subscribed in my presence this / { day of June, 2010. eet DE Ohio dh ASRS expiration date vats CHAEL T. CALLAHAN, Attorney at Law m Notary Public i State of Oton ission has n wy date Section 147.03 R.C.COPY IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO GOLD RUSH, et al., ) CASE NO. ) Plaintiffs, ) JUDGE ) -vs- ) ) SPRINGFIELD TOWNSHIP, et al. y AFFIDAVIT OF ) BRIAN KENDRICK ) Defendants. ) STATE OF OHIO Vee SS: COUNTY OF SUMMIT ) Now comes BRIAN KENDRICK, after being first duly sworn upon oath, testifies as follows: 1. Affiant, Brian Kendrick, is over the age of 21 years and is competent to give the testimony in this Affidavit, and does so upon his own knowledge and belief; 2. Brian Kendrick is the sole owner of Café 7, an internet café located at 889 Canton Road, Akron, Ohio 44312; 3. Café 7 has been lawfully operating since January of 2010 at this location. Prior to commencing operation, Café 7 received all the proper zoning and building permits to commence business; 4. Café 7 cannot comply with Chapter 755.03, license application requirements, in that said section “requires a legal opinion that entertainment devices areCOPY not a game of chance, gambling device or gaming device, or other device that is prohibited from operation in the state of Ohio under any provision of the Ohio Revised Code;” 5. Affiant is of the belief that unless a restraining order is granted by this Court against the Defendants, irreparable harm will be caused to Plaintiff: 6. The irreparable harm includes, but is not limited to potential jail time, forfeiture of equipment and money, loss of business, damage to reputation in the community, and loss of future business. FURTHER AFFIANT SAYETH NAUGHT Vv. Brian Kendrick ‘A , it Law RissHoBiaasno ation date My Commission hi. 9 expiration date. Section 147.03 R.C.COPY IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO GOLD RUSH, et al. , ) CASE NO.: ) Plaintiffs, ) JUDGE ) -VS- ) ) SPRINGFIELD TOWNSHIP, et al. ) CERTIFICATION ) Defendants. ) Now comes Michael T. Callahan, attorney for the Plaintiffs in the above-entitled action, and hereby certifies as follows: 1. That on Friday, June 11, 2010 at approximately p.m. attorney Michael T. Callahan placed a telephone call to attorney Celeste DeHoff, Springfield Township Law Director, and Corina Gaffney of the Summit County Prosecutor’s Office and advised each attorney that he was going to file a new action on behalf of Gold Rush and Café 7 against the Springfield Township and the County of Summit alleging that Chapter 755 of the Codified Ordinances of the County of Summit entitled “Entertainment Device Arcades,” was unconstitutional, and would be requesting a Temporary Restraining Order and Preliminary Injunction seeking to restrain the Springfield Township and the County of Summit from citing Plaintiffs, their agents or employees, with a violation of Chapter 755 et seq.COPY Attorney Michael T. Callahan also indicated to each attorney that Plaintiffs would be seeking a Preliminary Injunction on these identical matters. On June 11, 2010 Attorney Callahan left a message with Attorney DeHoff who is out of town. Attorney Callahan indicated he would email Attorney DeHoff everything that was filed at cedehoff@yahoo.com. Attorney Callahan spoke to Attorney Corina Gaffney and informed her of the intent ofhis filing, and indicated he would hand deliver all documents to her at the Summit County Prosecutor’s Office. She indicated on behalf of Summit County, there would be no objection. It is the belief of undersigned counsel that Chapter 755 of the Codified Ordinances of Summit County is unconstitutional, and unless a restraining order is issued against Defendants, Plaintiffs will suffer irreparable harm. Respectfully submitted, Callahan, Greven, Rilley & Sinn, L.L.C. Callahan (0013533) 137 South Main Street, Suite 300 Akron, Ohio 44308 (330)-376-9260 Fax (330) 376-9307COPY CERTIFICATE OF SERVICE Thereby certify that a copy of the foregoing was sent by email to Celeste DeHoff, Springfield Township Law Director, to cedehoff@yahoo.com, and hand delivered to Corina Gaffney, Summit County Prosecutor’s Office, 53 University Avenue, Akron, Ohio 44308, on this Lf day of June, 2010. Michael : Callahan’ Ve Attorney for Plaintiffs