Lawsuit Filed Against City of Lorain Over New Weapons Ordinance; Officials Respond

Three Lorain residents have filed a lawsuit in the Lorain County Court of Common Pleas challenging a weapons-related ordinance passed by the city earlier this year. The case, filed by Aaron C. Knapp, Bobby Littlejohn Jr., and Garon Petty, argues that Lorain’s Ordinance 160-25 conflicts with state law and goes beyond what cities are allowed to regulate. The case has been assigned to Judge Giovanna Bremke. According to the Lorain County Clerk of Courts, the lawsuit was filed on December 3 and summonses were issued the same day to Mayor Jack Bradley and Law Director Patrick Riley.

According to legal filings and public statements from the plaintiffs and their attorney, the ordinance increased penalties for several misdemeanor weapons offenses and expanded how the city defines weapons and dangerous ordnance. The lawsuit claims these changes conflict with the Ohio Revised Code, including the state’s firearms preemption law, which sets uniform rules for gun regulations across Ohio.

Knapp, the lead plaintiff, said he raised his concerns with city officials before the vote and provided written materials outlining what he described as constitutional and statutory conflicts within the ordinance. He also spoke during the council meeting but said no revisions were made.

“Lorain cannot supersede state law simply by preference or policy. The Constitution is not optional, and Ohio’s firearms-preemption statute, R.C. 9.68, leaves no room for municipalities to create conflicting criminal regulations,” Knapp said. “Prior to the vote, I provided Council members with written handouts detailing each constitutional and statutory deficiency in the ordinance, along with recommended corrections. I addressed these issues publicly at the meeting as well. Despite this, the City declined to make any revisions. Officials stated that, with multiple doctorates in the office, they believed their interpretation was sufficient.

“I also contacted the Mayor and urged him to veto the measure. Rather than address the substance of the concerns, he indicated he could not speak with me due to my separate lawsuit involving Chief McCann and the release of confidential information, a matter entirely unrelated to this ordinance. After the City refused to engage with or correct clear conflicts with state law, judicial review became the only viable path. This filing simply seeks to ensure compliance with the Ohio Constitution and R.C. 9.68.”

The plaintiffs are asking the court for a declaratory judgment stating the ordinance is unlawful and an injunction preventing the city from enforcing it. Their attorney, Robert Gargasz, said the new rules create penalties not allowed under state law and expand the city’s authority beyond what Ohio permits.

Responding via email, Lorain Law Director Patrick Riley said the city has seen high levels of gun-related crime and adopted a broader plan to reduce violence. He said increasing penalties for certain offenses was part of that effort.

“Although it is not the policy of this office to comment on pending litigation, and although the City has not yet been served with the complaint, the Lorain City Council and the Administration have adopted an aggressive policy to reduce and hopefully eliminate gun violence in the City,” Riley wrote. “It is the City’s position that the amendments made by City Council to local misdemeanor gun crimes are lawful. The City looks forward to defending its position in court.”

Riley also said the city’s Gun Violence Initiative, announced in September, has received strong support from residents.

Ward 2 Councilwoman Victoria Kempton also responded to the lawsuit, saying residents have the right to challenge laws they disagree with. “Residents are entitled to pursue legal remedies if they disagree with legislation,” Kempton said. “We will follow the legal process as it proceeds.”

The court has not yet set a hearing date. Copies of the complaint and the ordinance are available through the plaintiffs or their attorney.

Leave a Reply

Your email address will not be published. Required fields are marked *