Preview
Gop;
PRE,
DONALD J.
MALARCIK
Attorney at Law
GORMAN, MALARCIK,
PIERCE, VUILLEMIN &
LOcascio
‘The Gothic Building
54. Mill Street
Suite 400
Akron, Ohio 44308
www.gmpviaw.com
(330) 253-0785
DANIEL M. HORRIGAN
NNO JUL 28 PH 3:55
SUMMIT COUNTY
CLERK OF COURTS
CYBER ISLAND
1016 Canton Road
Akron, Ohio 44312
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO 2 g
CASE NO. 2010-06-4165
JUDGE TOM PARKER
and
RICHARD A. BOWLING, LLC.
D/B/A 777 SWEEPS
1058 Canton Road
FIRST AMENDED COMPLAINT /
(Jury Demand Endorsed Hereon)
Plaintiffs,
-vs-
COUNTY OF SUMMIT
175 S. MAIN STREET
)
)
)
)
)
)
)
)
)
Akron, Ohio 44312 )
)
)
)
)
)
)
AKRON, OHIO 44308 )
)
)
Defendant.
Now come Plaintiffs, Cyber Island and Richard A. Bowling, LLC d/b/a 777 Sweeps
(hereinafter 777 Sweeps), by and through counsel, and for the Complaint against
Defendant County of Summit allege as follows:
COUNT I
1. Plaintiff, Cyber Island, is a lawfully-owned and operated company located
at 1016 Canton Road, Akron, Ohio 44312.
2. Plaintiff, Richard A. Bowling LLC., d/b/a 777 Sweeps, is a lawfully-owned
and operated company doing business at 1058 Canton Road, Akron, Ohio 4431 2.OQ
Ze O
U
<
CMR...
DONALD J.
MALARCIK
Attomey at Law
GORMAN, MALARCIK,
PIERCE, VUILLEMIN &
Locascio
‘The Gothic Building
54 E, Mill Street
Suite 400
‘Akron, Ohio 44308
www_.gmpvlaw.com,
(330) 253-0785,
3. Plaintiff Cyber Island has been lawfully operating an internet access café for
over two years at said location.
4. Plaintiff 777 Sweeps has been lawfully operating an internet access café
since approximately August 1, 2009 at said location.
5. Defendant Summit County is a home rule county under Section 3 Article 10
of the Ohio Constitution and is a body politic and corporate pursuant to Article I. Section
1.01 of the charter of the County of Summit.
6. 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.
7. Both Plaintiffs, Cyber Island and 777 Sweeps, 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.
8. Defendant Summit County, by and through its agents, is prepared to issue
citations for internet cafes and skill-based games not in compliance with Chapter 755 of the
Codified Ordinances of Summit County.
9. Chapter 755 of the Codified Ordinances of Summit County was not
designed to regulate internet cafes, but to unconstitutionally put them out of business.
10. Neither Plaintiffs Cyber Island or 777 Sweeps can possibly comply with the
provisions of Chapter 755 et seq. of the Codified Ordinances of Summit County.DONALD J.
MALARCIK
Attorney at Law
GORMAN, MALARCIK,
PIERCE, VUILLEMIN &
Locascio
‘The Gothic Building
54 E. Mill Street
Suite 400
Akron, Ohio 44308
www gmpvlaw.com
(330) 253-0785
11. 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.
12. Plaintiffs are entitled to a Temporary Restraining Order pursuant to Rule
65(A) of the Ohio Rules of Civil Procedure restraining Defendant, Summit County and its
agents, 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.
13. 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 George Georgekopoulos and Richard A. Bowling previously
attached to the original Complaint, and made a part hereof for all purposes as Exhibits 1
and 2, and the Certificate of the undersigned counsel showing that the Defendant and
counsel have been notified of these proceedings on the date of the filing of this Complaint.
COUNT IL INJUNCTION
14. Plaintiffs Cyber Island and 777 Sweeps incorporate by reference herein the
statements and allegations contained in Paragraphs 1 through 13 as if fully re-written
herein, and further seek declaratory relief finding that Chapter 755 et seq. of the Codified
Ordinance of Summit County is unconstitutional, unenforceable and void.
WHEREFORE, Plaintiffs, Cyber Island and 777 Sweeps, demand judgment against
Defendant, County of Summit, in the following manner:
On Count I for a Temporary Restraining Order restraining Defendant, Summit
County, its agents or anyone acting in concert therein, from citing either Plaintiff Cyber
3DONALD J.
MALARCIK
Attorney at Law
| GORMAN, MALARCIK,
PIERCE, VUILLEMIN &
Locascio
The Gothic Building
54 E. Mill Street
Suite 400
Akron, Ohio 44308
www gmpvlaw.com
(330) 253-0785
Island, Plaintiff 777 Sweeps, 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 judgment declaring Chapter 755 et seq. of the Codified Ordinances of
Summit County to be void and unenforceable.
The Gothic Building
54 E. Mill Street - Suite 400
Akron, Ohio 44308
(330) 253-0785
Attorneys for Plaintiffs
JURY DEMAND
Plaintiffs, Cyber Island and 777 Sweeps, hereby demand a trial by jury composed
of the maximum number of jurors allowable by we a Sy
a 4
Ue J ae
a!
Donuid J. Malércik (#0061994)
Preview
Gop; PRE, DONALD J. MALARCIK Attorney at Law GORMAN, MALARCIK, PIERCE, VUILLEMIN & LOcascio ‘The Gothic Building 54. Mill Street Suite 400 Akron, Ohio 44308 www.gmpviaw.com (330) 253-0785 DANIEL M. HORRIGAN NNO JUL 28 PH 3:55 SUMMIT COUNTY CLERK OF COURTS CYBER ISLAND 1016 Canton Road Akron, Ohio 44312 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO 2 g CASE NO. 2010-06-4165 JUDGE TOM PARKER and RICHARD A. BOWLING, LLC. D/B/A 777 SWEEPS 1058 Canton Road FIRST AMENDED COMPLAINT / (Jury Demand Endorsed Hereon) Plaintiffs, -vs- COUNTY OF SUMMIT 175 S. MAIN STREET ) ) ) ) ) ) ) ) ) Akron, Ohio 44312 ) ) ) ) ) ) ) AKRON, OHIO 44308 ) ) ) Defendant. Now come Plaintiffs, Cyber Island and Richard A. Bowling, LLC d/b/a 777 Sweeps (hereinafter 777 Sweeps), by and through counsel, and for the Complaint against Defendant County of Summit allege as follows: COUNT I 1. Plaintiff, Cyber Island, is a lawfully-owned and operated company located at 1016 Canton Road, Akron, Ohio 44312. 2. Plaintiff, Richard A. Bowling LLC., d/b/a 777 Sweeps, is a lawfully-owned and operated company doing business at 1058 Canton Road, Akron, Ohio 4431 2.OQ Ze O U < CMR... DONALD J. MALARCIK Attomey at Law GORMAN, MALARCIK, PIERCE, VUILLEMIN & Locascio ‘The Gothic Building 54 E, Mill Street Suite 400 ‘Akron, Ohio 44308 www_.gmpvlaw.com, (330) 253-0785, 3. Plaintiff Cyber Island has been lawfully operating an internet access café for over two years at said location. 4. Plaintiff 777 Sweeps has been lawfully operating an internet access café since approximately August 1, 2009 at said location. 5. Defendant Summit County is a home rule county under Section 3 Article 10 of the Ohio Constitution and is a body politic and corporate pursuant to Article I. Section 1.01 of the charter of the County of Summit. 6. 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. 7. Both Plaintiffs, Cyber Island and 777 Sweeps, 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. 8. Defendant Summit County, by and through its agents, is prepared to issue citations for internet cafes and skill-based games not in compliance with Chapter 755 of the Codified Ordinances of Summit County. 9. Chapter 755 of the Codified Ordinances of Summit County was not designed to regulate internet cafes, but to unconstitutionally put them out of business. 10. Neither Plaintiffs Cyber Island or 777 Sweeps can possibly comply with the provisions of Chapter 755 et seq. of the Codified Ordinances of Summit County.DONALD J. MALARCIK Attorney at Law GORMAN, MALARCIK, PIERCE, VUILLEMIN & Locascio ‘The Gothic Building 54 E. Mill Street Suite 400 Akron, Ohio 44308 www gmpvlaw.com (330) 253-0785 11. 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. 12. Plaintiffs are entitled to a Temporary Restraining Order pursuant to Rule 65(A) of the Ohio Rules of Civil Procedure restraining Defendant, Summit County and its agents, 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. 13. 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 George Georgekopoulos and Richard A. Bowling previously attached to the original Complaint, and made a part hereof for all purposes as Exhibits 1 and 2, and the Certificate of the undersigned counsel showing that the Defendant and counsel have been notified of these proceedings on the date of the filing of this Complaint. COUNT IL INJUNCTION 14. Plaintiffs Cyber Island and 777 Sweeps incorporate by reference herein the statements and allegations contained in Paragraphs 1 through 13 as if fully re-written herein, and further seek declaratory relief finding that Chapter 755 et seq. of the Codified Ordinance of Summit County is unconstitutional, unenforceable and void. WHEREFORE, Plaintiffs, Cyber Island and 777 Sweeps, demand judgment against Defendant, County of Summit, in the following manner: On Count I for a Temporary Restraining Order restraining Defendant, Summit County, its agents or anyone acting in concert therein, from citing either Plaintiff Cyber 3DONALD J. MALARCIK Attorney at Law | GORMAN, MALARCIK, PIERCE, VUILLEMIN & Locascio The Gothic Building 54 E. Mill Street Suite 400 Akron, Ohio 44308 www gmpvlaw.com (330) 253-0785 Island, Plaintiff 777 Sweeps, 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 judgment declaring Chapter 755 et seq. of the Codified Ordinances of Summit County to be void and unenforceable. The Gothic Building 54 E. Mill Street - Suite 400 Akron, Ohio 44308 (330) 253-0785 Attorneys for Plaintiffs JURY DEMAND Plaintiffs, Cyber Island and 777 Sweeps, hereby demand a trial by jury composed of the maximum number of jurors allowable by we a Sy a 4 Ue J ae a! Donuid J. Malércik (#0061994)