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Lorain County Community Guide - Aug. 31, 2023

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Thursday, Aug. 31, 2023

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Volume 10, Issue 34

Amherst man sues city over arrest DAVE O’BRIEN THE COMMUNITY GUIDE

A retired Amherst man has sued the city and members of its police department in federal court for malicious prosecution and false arrest following his arrest last year on charges he allegedly enticed a 12-year-old boy to get into his car. The criminal charges were dismissed in Oberlin Municipal Court after Judge Thomas Januzzi ruled that a law Amherst police used to charge Don Margolis had been deemed unconstitutional by the Ohio Supreme Court. Attorney Subodh Chandra of Cleveland filed the 26-page lawsuit in U.S. District Court on Thursday. It makes 20 claims, including violations of Margolis’

Fourth and Sixth Amendment rights, false arrest, failure to train officers, intentional infliction of emotional distress, attempting to influence a public servant and destruction of public records, among others. The lawsuit names the city, Amherst police sergeants Brian Griffin and Devin Small, Police Chief Mark Cawthon and five unnamed “John Doe” defendants. The case is assigned to District Judge Charles Fleming. Amherst Mayor Mark Costilow said Friday he was aware of the filing but was “not going to be able to comment” on the lawsuit.

Background and lawsuit

“All Don Margolis did was be kind to a boy who liked his MG sportscar” on Aug. 24, 2022,

Chandra said in a news release announcing the lawsuit. The following day, Amherst police arrested him. Margolis is a married, retired small businessman and U.S. Air Force veteran who was parked outside the Dairy Mart on Cleveland Avenue in Amherst a year ago when, “in a kind and innocent gesture,” he let a 12-year-old boy sit in his vintage 1970s MG sports car, his attorney said. The boy got out after 30 seconds, but not before a witness reported what they saw to Amherst police. Officers video-recorded an interview with the boy, who gave “a written statement recounting his entirely innocent interaction with Mr. Margolis,” according to Chandra. “The boy said nothing improper took place,” the attorney said.

The “All Don Margolis did was be next day, kind to a boy who liked his “despite knowing MG sportscar” nothing Attorney Subodh Chandra improper hapand released the following day on pened,” Griffin called Margolis a GPS tracking unit. and asked him to come to the poThe arrest left Margolis “sleeplice station to discuss the matter. less and devastated,” and him Griffin read Margolis his Miand his family “severely affectranda rights, Margolis asked for ed,” his attorney said. He spent an attorney, and was told to go to 52 days on house arrest until the Oberlin Municipal Court “to recase was resolved in October. solve the matter,” Chandra said. Four days before Margolis was Amherst police officers then ar- to go on trial, Januzzi dismissed rested Margolis and took him to the charge on Oct. 14, 2022, writcourt in a police car. They seized ing in the court record: “Since it his wallet with $1,300 cash inside is not a law, there is no charge. and Margolis spent several hours Since there is no charge, there is at court, where he was arraigned no charge to be dismissed. Case on a charge of child enticement closed.” without an attorney present. The charge police filed on his Margolis was detained overclient had been unconstitutional night at the Lorain County Jail LAWSUIT PAGE A3

Golden Acres transfered to Port Authority STAFF REPORT

AMHERST TWP. – The former Golden Acres property will soon be up for sale. The Lorain County Commissioners authorized County Administrator Jeff Armbruster to work on transferring ownership of the former Golden Acres property on North Ridge Road in Amherst Township to the Lorain County Port Authority for sale on Aug. 25. Without the port authority involved, the only option the board had was to sell more than 30 acres at auction. The property is the former site of a county-owned nursing home. The building was abandoned after the nursing home was shuttered by the county in 2015 and it was demolished last year. “The best use of this ... was to tear down the building,” he said. “Nobody would touch 30 acres of land because of that building.” Lorain County Metro Parks has expressed interest in the property, and locals want to try and save the popular sledding hill behind where the nursing home once stood, Moore said.

OWEN MacMILLAN | The Community Guide

Jose Ortiz smiles at his daughter Eva, 5, while she visits him at Grafton Correctional Institution on Sunday, Aug. 27.

Parenting from behind bars OWEN MACMILLAN THE COMMUNITY GUIDE

GRAFTON — On Sunday, dozens of fathers spent the day playing games, eating lunch and catching up with their kids. But the event wasn’t in a park or a schoolyard, but rather the Grafton Correctional Institution, where all of those men are incarcerated. The event Sunday was the culmination of a weekend-long program which sought to build

parenting skills for inmates to use both from behind bars and after their release. Called the fatherhood conference, it is a partnership between the Department of Job and Family Services, Department of Rehabilitation and Correction and the nonprofit organization Passages. “It started because we recognized that in correctional institutions, specifically here at Grafton, we have hundreds of men who are incarcerated and to a degree not able to be connected with their

families the way we want to,” Brian Moore, president and CEO of Passages, said. So Moore and his organization worked with state officials to craft an educational program which teaches inmates at Grafton how to improve as fathers and as people. Kimberly Dent is the Executive Director of the Ohio Commission on Fatherhood and she said the program helps build the confidence of incarcerated dads. “Children do have the best experiences growing up with both

parents,” Dent said. “We tell the men here that although you’re here, that does not mean that you are stripped of your title of father. You bring that with you, and it is really up to them how they’re going to use that title.” The program includes a variety of classes which teach about financial literacy, employment and entrepreneurship opportunities upon release and share information about child support and the PARENTING PAGE A2

INSIDE THIS WEEK Amherst

Oberlin

County Fair

Driver sober initiative begins ● A3

1963 March on Washington ● A5

Special coverage ● B1

OBITUARIES A2 • CLASSIFIEDS A3 • CROSSWORD B5 • SUDOKU B5 • KID SCOOP B6


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