Judge: City must make municipal court accessible

Ruling in lawsuit also puts ballot initiative in question

By Sam Shawver, sshawver@mariettatimes.com
A judge ruled this week that the City of Marietta must provide a municipal court that meets Americans with Disabilities Act accessibility standards.

In his ruling on a writ of mandamus lawsuit filed by a Marietta resident against the mayor and City Council, Ohio Fourth District Court of Appeals Judge William H. Harsha also questions the legality of a 2006 ballot referendum requiring voter approval before the city can spend any money on building or furnishing new court facilities.

“We have been working for a couple of years to find a workable solution,” Mayor Michael Mullen said Friday. “Even before the mandamus suit was filed, we were already discussing the potential purchase of the former Ohio Bureau of Employment Services building as a viable solution within our finite city budget, and we’re still pursuing that option.”

Plaintiff James M. “Butch” Badgett of Lancaster Street filed the action nearly two years ago. He declined to comment on the ruling Friday because he was out of town and unable to review the judge’s decision.

Earlier this week, however, Badgett said his major concern in filing the mandamus action was to make sure the municipal court meets Americans with Disabilities Act standards of accessibility.

“Whether they build new, remodel or relocate, the main thing is to meet the ADA requirements,” he said.

In the decision document, issued Thursday, Harsha questioned the 2006 referendum limiting the city’s ability to move forward with a new or renovated court.

Citing Ohio’s constitution, Harsha writes “the referendum procedure can only be used to control those activities of municipal government that municipalities are empowered to control by legislative action.

“If the action consists of executing an existing law, the action is administrative, and not the proper subject of a referendum by the voters,” he writes.

In this case, the “existing law” refers to Ohio state code requiring the city to provide suitable accommodations for the municipal court.

Harsha’s decision directs the city “to provide suitable court facilities for the Marietta Municipal Court in compliance with Ohio Revised Code 1901.36 and the Rules of Superintendence.”

The order instructs the city, Badgett and Municipal Court Judge Janet Dyar-Welch to cooperate in the effort to provide the mandated facilities, and requires a progress report to the state court every six months.

Harsha also granted Badgett’s request for attorney’s fees to be paid by the city and Citizens for Responsible Government, who were listed as intervenors in the case.

“(The court) doesn’t specify how the municipal court facilities are to be provided, but it demands that the city provide them,” said Marietta law director Roland Riggs III.

He could not comment on whether the city would appeal the decision, but said the 35-page decision and judgment document “is worth reading and re-reading” before he sits down to discuss it with the mayor and council next week.

Badgett’s attorney, Alexander Spater of Columbus, was satisfied with the ruling.

“We’re obviously very happy with the decision, but I think what’s truly good for the community is that it leaves it up to the parties involved to decide how to provide the facilities,” he said.

Welch had only been able to do a quick reading of the decision Friday afternoon, but also noted that Harsha had not spelled out exactly how the city should provide the court facilities.

“It does not specify a solution, however (that) court does retain jurisdiction over the issue,” she said. “It’s important that we proceed with due haste in complying with the spirit of this decision and taking into account the city’s other obligations.”

Councilman Andy Thompson, R-at large, said the city is already moving toward a solution.

“The court is just ordering us to do what we are already doing,” he said. “Ultimately, council is moving in the right direction.”

Councilman Tom Vukovic, D-4th Ward, said he’s advocated addressing the court’s accessibility for 10 years.

“I’m really glad this is finally coming to a resolution,” he said. “I just want to get this over with, whatever it takes.”