An elected Ohio official was handcuffed and arrested more than a year ago for criticizing the Trumbull County sheriff, but on Tuesday, Jan. 16, a federal judge ruled her constitutional rights were violated as a result of that arrest. Niki Frenchko, a Republican who serves on the Trumbull County Board of Commissioners, was reportedly placed in handcuffs at the commissioners’ meeting on July 7, 2022, and charged under an Ohio law that makes it illegal to “prevent or disrupt a lawful meeting.”
The misdemeanor deems obstructive conduct or speech that “outrages the sensibilities of the group” unlawful. Frenchko, who livestreamed her arrest on Facebook, filed a federal civil rights lawsuit, arguing that she was ordered to leave the meeting and placed under arrest for exercising her First Amendment right to free speech, and the deputies lacked probable cause to charge her with a crime.
Judge J. Phillip Calabrese appeared to agree in his writings Tuesday, Jan. 16.
“Here in America, we do not arrest our political opponents,” the judge wrote. “This case tests that longstanding norm as well as our Constitution’s robust protections for free speech that allow us to criticize our representatives and public officials.”
Judge Calabrese found the sheriff, two deputies, and both county commissioners named in the lawsuit personally liable for damages. A hearing on damages will reportedly be scheduled at a later date.
The judge expressed doubt about the state law that Frenchko was initially charged under but did not go as far as to strike it down, something the suit had sought.
Frenchko said the reason to take this to court isn’t just for herself.
“If they’re going to do this to me in broad daylight at a public meeting, I had a duty to take them to task so they can’t do it to someone else,” Frenchko said. “It’s so off the mark of what America should be.”
The Associated Press left messages for Trumbull County Sheriff Paul Monroe, D, and current Commissioner Mauro Cantalamessa, D, both of whom were named as defendants. The AP reported that an email was also sent to their lawyer for comment. An appeal of the ruling is expected.
Prior to the arrest, Frenchko, since-retired Commissioner Frank Fuda, and current Commissioner Cantalamessa started arguing over Frenchko’s criticism of Sheriff Monroe after an inmate death at the county jail.
According to a transcript cited by the judge, Cantalamessa told Frenchko: “You are talking about the chief law enforcement officer in Trumbull County; it’s unacceptable.”
Fuda then called for a sergeant in the back of the room, telling Frenchko, “You got a choice: you wanna apologize to the sheriff? Fine. If you don’t, we’re going to move on.”
Frenchko went on with her critique. That’s when it’s alleged that a sergeant went up to the dais, pulled Frenchko’s chair back, and ordered her to stand up and leave the meeting. She was later put in handcuffs outside of the meeting room.
Judge Calabrese ruled Tuesday, Jan. 16 that the evidence showed that Frenchko’s “speech caused her arrest.”
The judge went on to write that the defendants are not entitled to immunity from damages because the law has “long recognized that any reasonable official would know that the First Amendment does not countenance the arrest of a person for engaging in protected speech.”
One of the attorneys defending Frenchko, David John Betras, the former Democratic Party Chairman of neighboring Mahoning County, said he represented the Republican official in court because the case has “nothing to do with politics.”
“We can’t arrest each other because you disagree with them politically. Once you start down that slope, it’s bad news for all of us,” Betras said. “Who arrests someone for disturbing their own meeting?”
The criminal charge against Frenchko was dropped weeks after her arrest.
The Associated Press contributed to this report.
