Dear Roshani Hardin:

I believe I sent you an email last week on this matter, but I wanted to follow up with this public letter because I am concerned that Councilmember Thomas has engaged in behavior that betrays the public trust.

On March 27th, at the Law and Public Safety Committee meeting, Vice Mayor Tarbell cited the example of three cities that saw a decrease in crime after they decriminalized possession of marijuana.  Councilmember Thomas tried to rebut his observations by saying that Tarbell mentioned only three states, while the other 47 states have laws like ordinance 910-23.

Cecil Thomas’ claim is totally false.

Twelve states have decriminalized marijuana for small amounts, where “decriminalized” means that no jail time is possible.  In many of those states it does not appear on one’s criminal record.  In Alaska, possession of 1 oz or less is out-and-out legal (though not its cultivation or sale). 

Some of those 12 states allow it for medical use.  Outside of those 12 states, 7 others allow it for medical use or allow a medical use defense.  So at least 19 states have marijuana laws that are more liberal than Cincinnati’s for possession of small amounts.

Therefore, Thomas should have said that 31 states have laws similar to the ordinance in question. 

It may seem like a small point, but Thomas used his error to push for a vote that extended our city’s anti-marijuana ordinance.  If he had not been so quick to disregard Tarbell’s statements—by acting like he had facts to support his claim—then perhaps the committee would have been more receptive to alternate views.

That’s why I sent him two public records requests, under Ohio’s open record laws.

For the third time, then, I would like to file this official request.  I am bringing this to the attention of the City Solicitor’s office because Thomas’ office has been unresponsive to multiple requests.

As provided by the Ohio Public Records Act and all other applicable public records laws, this is a third request for public records.

I would like to see what data Cecil Thomas’ office has studied from the alleged other 47 states with laws in place similar to the Cincinnati Municipal Code 910-23.  I would like to see data which was discovered by his office staff, sent to him by representatives or experts from the other 47 states, or submitted to him from other council members or any representatives from the Cincinnati police department.

As stated above, The Ohio Public Records Act requires that all public records “…be promptly prepared and made available for inspection to any person at all reasonable times during regular business hours.”

1. Please provide the requested materials as ready rather than accumulated.

2. Please provide all documents in electronic form where available, otherwise please provide printed copies.

3. If my request is denied in whole or in part, I ask that you justify all deletions by reference to specific exemptions of the Ohio Public Records Act. 

If there are no such records pertaining to this request, then please inform me of that fact—which would indicate that Thomas had no data to substantiate his claims refuting Councilmember Tarbell at the Committee meeting.

I agree to pay all reasonable copying and mailing costs up to $10. If such costs exceed that amount, please provide me with a written estimate before completing this request.

Thank you, in advance, for your cooperation.

Respectfully,

The Dean of Cincinnati

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