2017 Ohio 9022
Ohio Ct. App.2017Background
- Defendant Brandon Profit El-Bey was convicted in Shaker Heights Municipal Court of operating a vehicle without a license, failing to stop at a stop sign, driving with expired/unlawful plates, and carrying a concealed weapon.
- El-Bey did not contest the factual or legal basis of the underlying offenses.
- On appeal (accelerated under App.R. 11.1), El-Bey argued he was not subject to Shaker Heights ordinances because he is a national of the "Tribal-Nation, United Washitaw de Dugdahmoundyah Mu’urs."
- The city (plaintiff-appellee) sought to enforce the municipal convictions and fines; the municipal court’s judgments were appealed to the Eighth District.
- The Eighth District treated the appeal in brief form and rejected the sovereign-nation/sovereign-citizen claim as legally invalid.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether municipal ordinances and convictions apply to El-Bey | Municipal ordinances validly apply to persons within Shaker Heights | El-Bey claimed sovereign-nation status (Washitaw) exempting him from local laws | Court held sovereign-nation claim meritless; ordinances apply and convictions stand |
| Whether the convictions/fines should be vacated based on sovereign status | Enforce convictions and costs | Sovereign status requires non-application of ordinances | Court refused to disturb convictions; affirmed judgment |
Key Cases Cited
- State v. Wyley, 2016-Ohio-1118 (rejection of sovereign-citizen defenses)
- Garfield Hts. v. Foster, 2016-Ohio-2834 (same)
- State v. Blacker, 2009-Ohio-5519 (sovereign-nation arguments rejected)
- St. Paris v. Galluzzo, 2015-Ohio-3385 (refusing sovereign-citizen exemption)
- State v. Matthews, 2016-Ohio-5055 (similar precedent rejecting sovereign status defenses)