Action And Support for Ohio Cases

Posted by: "PACE Akron" pace_akron@hotmail.com   drmashie

Sun Jun 28, 2009 7:30 pm (PDT)

It seems like all I ever get to do is report a new set back or ask for
money so we can jump through some new hoop that the courts have thrown in front
of us as we work to challenge the constitutionality of Ohio's custody law
and protect our rights as parents. In some ways I have to do that BUT in
some ways we have made some progress.

With the latest move by the court in Chuck Evan's case, I truly believe that
we are getting very close, maybe too close for the courts, and they are now
really reaching into their bag of tricks to stop us. But tricks like this
new one simply make us reach deeper into our own bag and come out swinging
harder.

Chuck has been declared a vexatious litigant and the courts have now taken
away his ability to defend himself in his divorce. Can you say, "Blatant
violation of his due process rights?" When one has to bow to the discretion
of the court in deciding what you can or can NOT file to protect yourself,
there is no way that a proper defense can be presented. Under the current
situation, there is no adequate remedy!

As we told you, Chuck had filed a Writ of Prohibition to prevent the courts
from having a temporary custody hearing stopping any chance of seeing or
getting custody of his son so that he could put the needs of others ahead of
his own in a quest for equal custody for all fit parents. The court of
Appeals has denied the Writ BUT they did give us the complete proper
procedure on how to proceed with have the Constitutionality of the Law heard
by the Family Court. This declaration that he is a "vexatious litigator" now
requires him to ask permission, from the same judge that declared him
vexatious, to file anything in any state proceeding. He has already been
denied the right to appeal the decision!

If we are going to make this happen for everyone as Chuck wishes to do we
need to file:

1. A Writ of Extraordinary Mandamus with the Ohio Supreme Court so he can
proceed with the appeal and overturn this malicious finding of being a
vexatious litigant.

2. A Constitutional Challenge to the Vexatious Litigant laws as they
pertain in Family Court situations in Federal Court.

3. A Constitutional Challenge to Ohio's Custody law 3109.04, the
Temporary Hearings law 3109.043 and Old Civil Rule 75N in Federal Court.
This case we are going to ask the Federal court to hold in Abeyance pending
a decision by the State Court on Chuck's original Declaratory Judgment case.

For this to happen we need money and we need it now. Chuck Evans, Mike
Galluzzo, a few unnamed individuals and I have funded these cases with some
outside help but we are all broke and out of funds. The hours expended are
enormous! It is easier for many to share the cost than for a few to pay the
bill.

We have set up a Chip In on the PACE site to track progress on this effort.
This will allow everyone to donate thru PayPal. If you want to simply mail a
check or money order to Chuck that can happen also by mailing today to:

Please send donations to:

Chuck Evans

1892 REAR Oakland Park Ave.

Columbus, Ohio 43224

That is why we need your financial help immediately! As you know,
litigation can kill you financially and we have nothing to proceed with!
You have probably been in that situation yourself, but even a small donation
($5 - 20) will help if you can't donate more.

Chuck has sacrificed for many years to get us to this point and the least we
can do is help with the filing fees. His victory in this will be a great
help to all of us!

It is time to stand up and be counted!

Thank you for your support!

Ray Lautenschlager

PACE Akron

"The keeper of the penny"

#3

"Success is more permanent when you achieve it without

destroying your principles". - Walter Cronkite

We are continually faced with a series of great opportunities

brilliantly disguised as insoluble problems.
- John W. Gardner

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