Convenience store ordinance tangled up in court

WTVG -- A new city ordinance regulating convenience stores was supposed to go into effect yesterday, but it's tangled up in court

A new city ordinance regulating convenience stores was supposed to go into effect yesterday, but it's tangled up in court. Convenient store owners are suing to get it repealed because they say there are a lot of legal problems with it.

The owner of a convenience store in north Toledo says in 9-years he's never had a problem. He's upset at a new city ordinance that requires he upgrades his surveillance camera system, and make tapes immediately available if police need them. He's also upset at a new $250 licensing fee just to do business. Omar Smidi says, "We already pay taxes, we pay liquor license, we pay vendor license, we pay cigarette license."

Council approved the tougher ordinance last December. The intention is reducing crime, making neighborhoods safer, and was sold as being aimed at convenience stores. "Let's say a significant minority of them have become neighborhood nuisances," says Mike Craig of City Council.

But about 150-store owners are fighting back claiming this ordinance is a violation of their rights. Not only that, the attorney handling the case says other businesses come under this ordinance too. "They're not realizing their favorite coffee shop, the place where they get gas in the morning, and their favorite restaurants all are going to have to comply," explains complaint attorney Scott Ciolek.

Ciolek says as written: this ordinance has a number of legal violations, Including ex post facto in that the ordinance would deny a license to a business with any shareholder with a criminal record. Requires stores to record themselves, violating protections against self incrimination. Makes store owners responsible to curb crime on their property, and pre-empts state law.

This lawyer says this makes the city's ordinance illegal. "I think everyone wins if this goes away."

So the lawyer says the law is poorly written and he says it's impossible to enforce, but could hurt projects like the proposed Riverwalk since it could scare away a lot of businesses. A complaint has been filed in district court. The city and the plaintiff's are talking about it.

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