Independent student content

BG Falcon Media

Independent student content

BG Falcon Media

Independent student content

BG Falcon Media

Support BG Falcon Media!
As part of BGSU's One Day fundraising effort, every dollar you contribute to Falcon Media will go directly to helping us continue to produce quality content. Every dollar helps. Donate here
The BG News
Follow us on social
BG24 Newscast
March 28, 2024

  • Visiting Author: Sheila Squillante
    Last week, the visiting author, Sheila Squillante, presented the art of creative non-fiction at BGSU. Last year, her memoir came out. From Chatham University in Pittsburgh, PA, Squillante visited BGSU, last week. Previously, she has published collections on poetry, but most recently, her memoir, All Things Edible, Random and Odd  was published in 2023. “I […]
  • Petrofiction Review: Oil on Water
    Here’s my review of Oil on Water by Helon Habila – a petrofiction novel which won The Commonwealth Prize and Caine Prize. For context, petrofiction stems from petroleum and fiction. A specific text that focuses on petroleum culture in political economics and environmental impact. Although Habila’s novel begins with a journalist investigating a kidnapping, the […]
Spring Housing Guide

Nuisance ordinance lives on

After one month of consideration, Bowling Green Municipal Judge Mark Reddin upheld the city’s nuisance party ordinance, finding University student Craig J. Schabel guilty.

Schabel, of Curtice, Ohio, was the first individual charged with violating the ordinance to appear in court.

This Dec. 16 decision also rejected defending attorney Rodney Fleming, lead legal counsel of Student Legal Services, efforts to find the ordinance unconstitutional — at least for now.

Fleming defended Schabel and said that although he considers this decision a loss, he is still considering appeal options.

“Basically the judge found that the statute was sufficiently clear to give a reasonable person notice of what conducts were illegal,” Fleming said. “He found it didn’t affect First Amendment rights at all and upheld the ordinance completely.”

Schabel will be back to court later in the semester for sentencing.

“We are going to talk to the client and review our appeal options,” Fleming said.

The Nuisance Party Ordinance holds individuals who throw parties responsible for any illegal activity occurring on the premises by persons in attendance of the party.

Illegal activity can include disorderly conduct, illegal open container, public indecency, unlawful deposit of litter or refuse as well as many other actions.

In the situation that occurred at Schabel’s residence on the 1400-block of Scott Hamilton Street, a city dispatcher received a complaint of a very loud party.

When an officer arrived at the house, Schabel claimed responsibility for the party and received a citation for violation of the city’s nuisance party regulations.

Fleming is currently representing at total of 25 University students who have been found in violation of the ordinance, which was adopted by the city of Bowling Green on Aug. 1, 2004.

City Prosecutor Matthew Reger said he was happy with the decision by Judge Reddin.

“The Judge adopted all of my arguments and so I am pleased with that,” Reger said. “I am anticipating Rodney will file an appeal.”

Reger said he finds it interesting that many other campus communities, including Oxford and Athens, Ohio (the homes respectively near Miami University and Ohio University) as well as East Lansing, home to Michigan State, Ames, home of Iowa University, and Raleigh, home to North Carolina State University have adopted similar ordinances — without questioning the constitutionality of such legislation.

This ordinance works for Bowling Green, Reger argued, considering it a proper way to deal with large, disruptive parties.

“I think for the city, this is an effective tool to control parties that get out of hand,” Reger said. “It is not the intent of the city to stop students from enjoying their time in college.”

Fleming said he will stick with his argument that the ordinance is too vague and can infringe on citizen’s First Amendment right to assembly.

The decision by Judge Reddin clearly sided with the city, disagreeing with Fleming’s argument.

“A statute or ordinance is not necessarily void for vagueness, however, merely because it could have been more precisely worded,” Reddin said in his decision on Dec. 16.

In the decision, Reddin went on to say: “This court finds that a reasonably prudent person would understand that this ordinance is designed to control or prohibit illegal participant (guest) conduct at gatherings or parties where people have congregated for pleasure or entertainment by making the host(s) responsible.”

Fleming said this decision will result in a fine for his client, but the fight is not over.

“I certainly wish it would have gone the other way,” Fleming said. “But we certainly have avenues in other courts and hopefully the appeals court will see it our way.”

Leave a Comment
Donate to BG Falcon Media
$825
$1500
Contributed
Our Goal

Your donation will support the student journalists of Bowling Green State University. Your contribution will allow us to purchase equipment and cover our annual website hosting costs.

More to Discover
Donate to BG Falcon Media
$825
$1500
Contributed
Our Goal

Comments (0)

All BG Falcon Media Picks Reader Picks Sort: Newest

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