References to Plaintiffs’ Proposed Undisputed Facts (doc. 29-1) are limited to thosefacts Defendants admitted to be true in Defendants’ Response (doc. 38).
References to Defendants’ Proposed Undisputed Facts (doc. 32-1) are limited to thosefacts Plaintiffs admitted to be true in Plaintiffs’ Response (doc. 37-1).
The parties have stipulated that COAST paid Curry Printing Company—which isowned by Kathy Brinkman, the wife of Plaintiff Brinkman—approximately $13,195.00 forprinting services performed on its behalf between January 1, 2001 and January 1, 2009. (Doc.31-2 ¶ 7.)
The Court recognizes that Defendants were prohibited from enforcing O.R.C.§ 102.03(A)(4) against Brinkman or any former member of the Ohio General Assembly from theAugust 4, 2009, the date this Court granted a preliminary injunction against Defendants, through2Taxes (“COAST”), and Mark W. Miller. COAST is an organization which advocates for therestraint of government taxing and spending in Ohio on the local, state, and national level. (Doc.29-1
¶¶ 2, 8-9.)
COAST conducts advocacy activities in numerous ways, including operating ablog, publishing an email newsletter, sending press releases, and direct lobbying. (
¶ 3.)COAST has directly lobbied legislators through its leadership and by testimony before legislativebodies. (
¶ 4.) Presently, COAST seeks to advocate on a number of budgetary issues beforethe Ohio General Assembly, including advocating against proposed operating subsidies for theUnderground Railroad Freedom Center. (
at ¶ 5.)Both Brinkman and Miller are members and supporters of COAST, and Miller serves asthe treasurer of COAST. (
¶¶ 8-10.) Brinkman served in the Ohio General Assembly fromJanuary 2001 until December 2008. (Doc. 31-2 ¶ 1.)
Brinkman has sought to represent COASTbefore the Ohio General Assembly an uncompensated basis.
¶¶ 2, 6.) However,O.R.C. § 102.03(A)(4), as written, prohibited Brinkman from representing COAST before theOhio General Assembly or any of its committees from the date he left the General Assemblythrough January 1, 2010. (
¶¶ 4, 5; Doc. 29-1 ¶ 10.)
Case 1:09-cv-00326-SJD Document 46 Filed 02/17/10 Page 2 of 16