Akron's Protester Stipulation

Case: 5:23-cv-00837-CEF Doc #: 11 Filed: 04/21/23 1 of 2.
PageID #: 62
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
THE AKRON BAIL FUND,
Plaintiff,
v. Civil Action No. 5:23-cv-837

Judge: Fleming
THE CITY OF AKRON, Magistrate: Grimes
Defendant.
NOTICE OF FILING JOINT PROPOSED STIPULATION
After Judge Grimes heard the parties’ arguments on Plaintiff’s Motion for a Temporary
Restraining Order, the parties agreed to his supervision to mediate a joint stipulated Order. The
parties conferred and provide notice that they file a joint proposed stipulation, attached. The
parties respectfully request that the Court enter this Order today. As a condition Plaintiff will
withdraw its Motion as moot.
Dated Friday, April 21, 2023.
Respectfully submitted,
/s/ Elizabeth Bonham

Sarah Gelsomino (0084340)
Elizabeth Bonham (0093733)
FRIEDMAN GILBERT +
GERHARDSTEIN
50 Public Square Suite 1900
Cleveland, Ohio 44113
T: (216) 241-1430
F: (216) 621-0427
sarah@FGGfirm.com
elizabeth@FGGfirm.com
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Case: 5:23-cv-00837-CEF Doc #: 11 Filed: 04/21/23 2 of 2. PageID #: 63
Certificate of Service
I certify that on April 21, 2023 I filed a copy of the foregoing joint filing using the
Court’s CM/ECF system and that all counsel of record will receive service through that system.
/s/ Elizabeth Bonham

Elizabeth Bonham (0093733)
One of the attorneys for Plaintiffs
Case: 5:23-cv-00837-CEF Doc #: 11-1 Filed: 04/21/23 1 of 3. PageID #: 64
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
THE AKRON BAIL FUND,
Plaintiff,
v. Civil Action No: 5:23-cv-837
Judge: Fleming
Magistrate: Grimes
THE CITY OF AKRON,
Defendant.
[PROPOSED] JOINT TEMPORARY STIPULATED ORDER
This matter comes before the Court on the parties’ Joint Stipulation. The Court, having
considered Plaintiff’s Motion for a Temporary Restraining Order, the Complaint, and the
memorandum and exhibits in support and in opposition, and having heard the parties’ arguments,
ENTERS the parties’ Joint Stipulation as its Order. Accordingly, the Court temporarily ORDERS
the City of Akron as follows:
1. Defendant City of Akron, including its Police Department and any other agency or
personnel working at its behest, is restrained from using non- lethal force, including tear
gas, pepper spray, flash-bang grenades, rubber bullets, wooden pellets, batons, body
slams, pushing or pulling, or kettling, on nonviolent protestors to enforce dispersal
orders, traffic laws such as clearing the streets or sidewalks, and/or misdemeanors, that
were not committed with actual or imminently threatened physical harm or property
destruction or with attempted or actual trespass on private property or secured
government buildings/facilities, areas, structures, or critical infrastructure including
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hospitals and the like, or that impede emergency services vehicles including
ambulances and the like. For purposes of the stipulation, a law enforcement agency that
is not under the direction and control of the City of Akron shall not be construed to be
working at the behest of the City of Akron.
personnel working at its behest, is required to recognize that, for purposes of this
Stipulated Temporary Order, "nonviolent protestors" include individuals who are
chanting, verbally confronting police, sitting, holding their hands up when approaching
police, occupying sidewalks or streets apart from expressways or freeways, and/or
passively resisting police orders in connection with the exercise of rights of free speech
and association under the First Amendment.
personnel working at its behest, may only enforce dispersal orders, traffic laws such as
clearing the streets or sidewalks, and/or misdemeanors in a manner and under the
circumstances described in Paragraph 1 against nonviolent protesters, to the extent
practicable, through citations or arrests, based on probable cause.
personnel working at its behest, is prohibited from using the infliction of pain to punish
or deter "nonviolent protestors" and is directed to avoid infliction of pain on any
nonviolent protester when incidental to a use of force necessary to prevent or effectuate
an arrest for crimes committed involving the actual or imminent threat of physical harm
or property destruction or attempted or actual criminal trespass on private property or
secured government buildings/facilities, areas, or structures, and/or when arresting,
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based on probable cause, an individual who allegedly committed such an offense. For
purposes of this Order and this provision, reasonable incidental contact with
individuals in connection with entering into or moving through a crowd to effect an
arrest does not constitute the infliction of pain to punish or deter nonviolent protester
action and does not violate Paragraph 1 of this Order.
personnel working at its behest, must recognize that individuals legitimately
displaying "press," "media," "reporter," "paramedic," "medic," "legal observer," or
similar words and/or symbols are permitted to be present in a position enabling
them to record at protests and/or to intervene to assist individuals who appear to
have been injured so long as their presence does not physically interfere with a
lawful arrest, involve entering a closed or cordoned-off crime scene, or physically
interfere with medical aid already being rendered by an officer or an
EMT/Firefighter, and that all individuals, regardless of their occupation or
nonviolent activity, are permitted to record at protests or whenever any police
officer interacts with the public.
6. Defendant City of Akron will inform the Summit County Sheriff and the Ohio State
Patrol or any other agency that may provide aid of this Stipulated Temporary Order.
7. This Stipulated Temporary Order will expire fourteen days after entry unless extended
by the Court for good cause.
IT IS SO ORDERED.
___________________________________
UNITED STATES MAGISTRATE JUDGE

Akron's Protester Stipulation

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Case: 5:23-cv-00837-CEF Doc #: 11 Filed: 04/21/23 1 of 2.

IN THE UNITED STATES DISTRICT COURT

THE AKRON BAIL FUND,

v. Civil Action No. 5:23-cv-837

NOTICE OF FILING JOINT PROPOSED STIPULATION

withdraw its Motion as moot.

Dated Friday, April 21, 2023.

/s/ Elizabeth Bonham

/s/ Elizabeth Bonham

IN THE UNITED STATES DISTRICT COURT

THE AKRON BAIL FUND,

v. Civil Action No: 5:23-cv-837

[PROPOSED] JOINT TEMPORARY STIPULATED ORDER

the City of Akron as follows:

slams, pushing or pulling, or kettling, on nonviolent protestors to enforce dispersal

destruction or with attempted or actual trespass on private property or secured

government buildings/facilities, areas, structures, or critical infrastructure including

working at the behest of the City of Akron.

Stipulated Temporary Order, "nonviolent protestors" include individuals who are

police, occupying sidewalks or streets apart from expressways or freeways, and/or

and association under the First Amendment.

circumstances described in Paragraph 1 against nonviolent protesters, to the extent

practicable, through citations or arrests, based on probable cause.

or deter "nonviolent protestors" and is directed to avoid infliction of pain on any

nonviolent protester when incidental to a use of force necessary to prevent or effectuate

or property destruction or attempted or actual criminal trespass on private property or

secured government buildings/facilities, areas, or structures, and/or when arresting,

individuals in connection with entering into or moving through a crowd to effect an

action and does not violate Paragraph 1 of this Order.

personnel working at its behest, must recognize that individuals legitimately

displaying "press," "media," "reporter," "paramedic," "medic," "legal observer," or

similar words and/or symbols are permitted to be present in a position enabling

them to record at protests and/or to intervene to assist individuals who appear to

lawful arrest, involve entering a closed or cordoned-off crime scene, or physically

interfere with medical aid already being rendered by an officer or an

EMT/Firefighter, and that all individuals, regardless of their occupation or

nonviolent activity, are permitted to record at protests or whenever any police

officer interacts with the public.

by the Court for good cause.

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