THE PAYPHONE ASSN. OF OHIO v. CITY OF CLEVELAND

No. 78266.

146 Ohio App.3d 319 (2001)

THE PAYPHONE ASSOCIATION OF OHIO et al., Appellees; MONTGOMERY, Atty. Gen., Intervenor-Appellee, v. CITY OF CLEVELAND, Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided September 24, 2001.


Attorney(s) appearing for the Case

Kegler, Brown, Hill & Ritter, Robert G. Schuler and Robert G. Cohen; O'Keefe, Ashenden, Lyons & Ward, Henry T. Kelly and John F. Ward, Jr., for appellees.

Betty D. Montgomery, Attorney General, Arthur J. Marziale, Jr., Judith L. French and Elizabeth Luper Schuster, Assistant Attorneys General, for intervenor-appellee.

Cornell P. Carter, Director of Law, Richard F. Horvath, Chief Corporate Counsel, Gary N. Travis and Pamela S. Blair, Assistant Directors of Law; Climaco, Lefkowitz, Peca, Wilcox & Garofoli Co., L.P.A., Anthony J. Garofoli and Scott D. Simpkins; Teamor & Associates, Ricardo B. Teamor, James C. Wrentmore, Cheryl Mackey Bayard, for appellant.


MICHAEL J. CORRIGAN, Presiding Judge.

The city of Cleveland believes that the presence of outdoor payphones has facilitated the commission of a number of crimes, including drug transactions and prostitution. So it enacted legislation that comprehensively regulates the placement of outdoor payphones within its borders by requiring a telephone company to obtain a franchise before placing a payphone on a public right of way, and requiring permits for payphones installed...

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