Maple Heights News & Bill Brownlee v. Lansky, Et Al.

Case: 1:15-cv-00053 Doc #: 1 Filed: 01/12/15 1 of 25.
PageID #: 1
UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
MAPLE HEIGHTS NEWS,

and
WILLIAM C. BROWNLEE
aka BILL BROWNLEE,
Plaintiff,
v.
JEFFREY A. LANSKY,
and
LANSKY FOR MAYOR,
and
JOHN MONTELLO,
and
JACQUELINE MAE ALBERS
aka JACKIE ALBERS,
Defendants.
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Case No. 1:15-CV-53

Judge _____________________
COMPLAINT
Now comes Plaintiffs MAPLE HEIGHTS NEWS and WILLIAM C. BROWNLEE (also
known as BILL BROWNLEE) and for their Complaint allege as follows:
INTRODUCTION
1.
This is an action to protect and to seek redress for the violations of civil rights and
privacy rights by various public officials with the City of Maple Heights, Ohio. Through a clear
abuse of power and a violation of the public trust, and to various degrees and through various
Case: 1:15-cv-00053 Doc #: 1-1 Filed: 01/12/15 1 of 4. PageID #: 26
Exhibit A
Case: 1:15-cv-00053 Doc #: 1 Filed: 01/12/15 2 of 25. PageID #: 2
actions, Defendants have repeatedly infringed Plaintiffs First Amendment rights and/or disclose
private information relating to Plaintiff BILL BROWNLEEs income taxes. In order to vindicate
Plaintiffs rights, as well as to hold accountable public officials who abuse the power given to
them, this action is brought.
JURISDICTION & VENUE
2.
This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C.
1331, as this action arises under the Fourteenth Amendment to the United States Constitution;
under 28 U.S.C. 1343(a)(3), in that it is brought to redress deprivations, under color of state
law, of rights, privileges, and immunities secured by the United States Constitution; under 28
U.S.C. 1343(a)(4), in that it seeks to recover damages and to secure equitable relief under an
Act of Congress, specifically, 42 U.S.C. 1983 and 42 U.S.C. 2000cc, which provide causes
of action for the protection of civil and constitutional rights; under 28 U.S.C. 2201(a), to secure
declaratory relief; under 42 U.S.C. 1988, to grant Plaintiffs prayer for relief regarding costs,
including reasonable attorneys fees; and under 28 U.S.C. 1367 as all other claims herein are so
related to claims in the action within the original jurisdiction of this Court such that they form
part of the same case or controversy.
3.
Venue is proper within this judicial district and division pursuant to 28 U.S.C.
1391(b) and Local Rule 3.8, as (i) the Defendants are situated within this judicial district and
division; (ii) Plaintiff resides within this judicial district and division, and (iii) all of the claims
asserted by Plaintiff arose within this judicial district and division.
PARTIES
4.
Plaintiff MAPLE HEIGHTS NEWS is a trade name registered with the Ohio
Secretary of State and is the name under which Plaintiff WILLIAM C. BROWNLEE operates a
news media reporting service concerning matters in the City of Maple Heights, Ohio.
5.
Plaintiff WILLIAM C. BROWNLEE (also known as BILL BROWNLEE) is a
resident of the City of Maple Heights, which is located in Cuyahoga County, Ohio.
6.
Defendant JEFFREY LANSKY is a resident of the City of Maple Heights, which is
located in Cuyahoga County, Ohio.

7.
Defendant JEFFREY LANSKY holds the public office of mayor in the City of
Maple Heights.
8.
Pursuant to the Charter of the City of Maple Heights, the mayor of the City of
Maple Heights is not a member of the City Council of Maple Heights but, instead, is the chief
executive officer of the City of Maple Heights.
9.
Defendant LANSKY FOR MAYOR is a campaign committee as defined in Section
3517.01(C)(1) of the Ohio Revised Code.

10.
LANSKY FOR MAYOR is the campaign committee formed and organized in
support of JEFFREY LANSKYs mayoral campaign in the City of Maple Heights.

11.
JEFFREY LANSKY is the treasurer for LANSKY FOR MAYOR.
12.
On information and belief, LANSKY FOR MAYOR has no separate legal existence
from JEFFREY LANSKY and/or JEFFREY LANSKY has utilized LANSKY FOR MAYOR as
his alter ego.
13.
Based upon information and belief, Defendant JOHN MONTELLO is a resident of
Portage County, Ohio.
14.
JOHN MONTELLO holds the public office of law director for the City of Maple
Heights.
15.
Defendant JACQUELINE MAE ALBERS is a resident of the City of Maple
Heights, which is located in Cuyahoga County, Ohio.

16.
JACQUELINE MAE ALBERS holds the public office of president of council in the
City of Maple Heights. Pursuant to the Charter of the City of Maple Heights, the president of
council is not a member of the city council.
FACTUAL ALLEGATIONS
17.
BILL BROWNLEE is presently one of the seven members of the City Council of
the City of Maple Heights.

18.
In November 2013, BILL BROWNLEE was elected as a member of the City
Council for the City of Maple Heights. Since then he has been a vocal critic on budgetary issues
in the City of Maple Heights, including criticizing the administration of JEFFREY LANSKY as
mayor of the City of Maple Heights, of JOHN MONTELLO as law director of the City of Maple
Heights, of JACQUELINE MAE ALBERS as council president for the City of Maple Heights
and of the City Council of the City of Maple Heights.
19.
As a result of this criticism and in an effort to stifle such criticism, Defendants
herein have taken certain actions against BILL BROWNLEE / MAPLE HEIGHTS NEWS in
violation of their rights under the United States Constitution and state law.
Removal of from Public Meeting in Violation of First Amendment

20.
It is clearly established that when a public official excludes [an] elected
representative or a citizen from a public meeting, she must conform her conduct to the
requirements of the First Amendment. Monteiro v. City of Elizabeth, 436 F.3d 397 (3d Cir.
2006).
21.
During the course of the meeting of the Maple Heights City Council held on May
21, 2014, an ordinance designated as Ordinance No. 2014-37 concerning the renewal of a waste
collection contract came before the Maple Heights City Council.
22.
During consideration by the Maple Heights City Council of Ordinance No. 2014-
37, after one member of the Council had spoken on the proposed ordinance, JACQUELINE
MAE ALBERS proceeded to talk at length regarding the proposal even though she is not a
member of the City Council.
23.
Subsequently, during consideration by the Maple Heights City Council of
Ordinance No. 2014-37, BILL BROWNLEE proceeded to speak in opposition to his Ordinance
No. 2014-37.
24.
In response to BILL BROWNLEEs voiced opposition to Ordinance No. 2014-37,
JOHN MONTELLO was allowed to speak in rebuttal to BILL BROWNLEEs even though
JOHN MONTELLO is not a member of the Maple Heights City Council.
25.
Upon the conclusion of the comments by JOHN MONTELLO attempting to rebut
BILL BROWNLEEs comments on Ordinance No. 2014-37 and despite the effort by BILL
BROWNLEE to address the comments made by non-councilmember JOHN MONTELLO,
JACQUELINE MAE ALBERS immediately call[ed] the roll for adoption of Ordinance No.
2014-37 even though members of the Maple Heights City Council still desired additional debate
and no member of the Maple Heights City Council had, consistent with Roberts Rules of Order,
moved the previous question.
26.
On other numerous occasions, JACQUELINE MAE ALBERS has similarlysought
to avoid discussion and debate on matters pending before the Maple Heights City Council,
immediately directing the roll call on pending matters, especially when BILL BROWNLEE was
or was perceived to be critical of the pending matter or even questioned the pending matter.
27.
Pursuant to Section 220.01(f) of the Codified Ordinances of the City of Maple
Heights, [i]n the absence of any other rule, Council shall be governed by the latest revision of
Roberts Rules of Order.
28.
Upon the effort by JACQUELINE MAE ALBERS to violate Section 220.01(f) of
the Codified Ordinances of the City of Maple Heights by prematurely and unilaterally
terminating debate on Ordinance No. 2014-37, BILL BROWNLEE, consistent with Roberts
Rules of Order, raised a point of order.
29.
In violation of Section 220.01(f) of the Codified Ordinances of the City of Maple
Heights and Roberts Rules of Order, JACQUELINE MAE ALBERS refused to address the
point of order raised by BILL BROWNLEE and, instead, unilaterally declared BILL
BROWNLEE to be out of order and, again, attempted to proceed immediately to the vote on
Ordinance No. 2014-37.
30.
When BILL BROWNLEE repeated his point of order, JACQUELINE MAE
ALBERS immediately directed the police chief of the City of Maple Heights to escort
Councilman Brownlee out for this evening.
31.
Under the threat of arrest and/or prosecution based upon the instructions which
JACQUELINE MAE ALBERS provided to the police chief of the City of Maple Heights, BILL
BROWNLEE left the meeting of the City Council of the City of Maple Heights on May 21,
2014, under the direction, supervision and control of the police chief.
32.
The action of JACQUELINE MAE ALBERS in directing the removal of BILL
BROWNLEE from the meeting of the City Council of the City of Maple Heights held on May
21, 2014, was based upon her effort and desire to stifle BILL BROWNLEEs speech in raising a
point of order notwithstanding that such action by BILL BROWNLEE was consistent with
Section 220.01(f) of the Codified Ordinances of the City of Maple Heights and Roberts Rules of
Order.
33.
The action of JACQUELINE MAE ALBERS in directing the removal of BILL
BROWNLEE from the meeting of the City Council of the City of Maple Heights held on May
21, 2014, was based upon her effort and desire to stifle BILL BROWNLEEs opposition to
Ordinance No. 2014-37 and to otherwise punish him for his criticisms on other matters.
34.
The action of JACQUELINE MAE ALBERS in directing and effectuating the
removal of BILL BROWNLEE from the meeting of the City Council of the City of Maple
Heights held on May 21, 2014, was undertaken by JACQUELINE MAE ALBERS under color of
state law.
35.
The action of JACQUELINE MAE ALBERS in directing and effectuating the
removal of BILL BROWNLEE from the meeting of the City Council of the City of Maple
Heights held on May 21, 2014, was based upon the viewpoint and content of the speech of BILL
BROWNLEE in violation of the rights afforded to him under the First Amendment to the United
States Constitution.
36.
In directing and effectuating the removal of BILL BROWNLEE from the meeting
of the City Council of the City of Maple Heights, JACQUELINE MAE ALBERS exhibited
oppression, malice, gross negligence, willful or wanton misconduct, and/or a reckless disregard
for the civil rights of BILL BROWNLEE.
Terminating Audiovisual Recording of Council Meeting in Violation of First Amendment

37.
BILL BROWNLEE is the founder of MAPLE HEIGHTS NEWS, an internet news
blog with stories and postings concerning the City of Maple Heights and its government.
38.
MAPLE
HEIGHTS
NEWS
is
located
on
the
internet
at:
http://mapleheightsnews.org/.
39.
MAPLE HEIGHTS NEWS started publishing on the internet in or about April 2013.
In announcing the start of MAPLE HEIGHTS NEWS, BILL BROWNLEE explained the impetus
and purpose of Maple Heights News:
The City of Maple Heights has been sorely in need of its own news source
for some time now. The newspaper is no more and the City website it greatly
lacking. There is nothing more discouraging to a citizen than to have nowhere to
find news about your own city.
Frankly, it is not surprising that so few people are concerned about or
involved in our city. But hopefully that can change. And the best way to change it
is to provide the Citys residents with useful and interesting information.
This is what Maple Heights News is all about: improving life for our
residents by improving communication. We plan to bring you news about the
things you care about as a resident. We also want to provide a place to share
concerns and to organize groups to address these concerns. With some leadership
and a little teamwork, we can go a long way.
Better days are just around the corner! Lets talk about it
40.
MAPLE HEIGHTS NEWS also has its own channel on YouTube wherein it
broadcasts various activities occurring in Maple Heights, including meetings of the City Council
of
Maple
Heights.
The
YouTube
channel
MapleHeightsNews.
is
located
at
www.youtube.com/user/
41.
Starting in or about February 2014, MAPLE HEIGHTS NEWS started audiovisual
recording of the public meetings of the Maple Heights City Council so as to rebroadcast such
recordings as part of MAPLE HEIGHTS NEWS.
42.
One such meeting during which BILL BROWNLEE recorded for the purpose of
broadcasting as part of MAPLE HEIGHTS NEWS was the meeting of the Maple Heights City
Council held on May 21, 2014.
43.
After BILL BROWNLEE was, at the direction of JACQUELINE MAE ALBERS,
physically removed from the meeting of the Maple Heights City Council held on May 21, 2014,
JACQUELINE MAE ALBERS realized or was apprized that BILL BROWNLEE / MAPLE
HEIGHTS NEWS was still audiovisually recording the meeting of the Maple Heights City
Council. At this stage, JACQUELINE MAE ALBERS publicly expressed her desire that the
audiovisual recording of the meeting be terminated.
44.
When BILL BROWNLEE refused to assent to the demand of JACQUELINE MAE
ALBERS to cease audiovisually recording of the meeting of the Maple Heights City Council on
May 21, 2014, and as the meeting was continuing in progress, JEFFREY LANSKY, the mayor
of the City of Maple Heights, proceeded to make a comment to JOHN MONTELLO, the law
director for the City of Maple Heights.
45.
Based upon information and belief, the comment from JEFFREY LANSKY to
JOHN MONTELLO made during the course of the public meeting of the Maple Heights City
Council held on May 21, 2014, concerned the continued audiovisual recording of the meeting by
BILL BROWNLEE / MAPLE HEIGHTS NEWS and included a direction from JEFFREY A.
LANSKY to JOHN MONTELLO to turn off the audiovisual recording of the meeting.
46.
For after JEFFREY LANSKY made whatever comment to JOHN MONTELLO,
both JEFFREY LANSKY and JOHN MONTELLO looked at the camera that was recording the
meeting, and JOHN MONTELLO then left his seat and immediately moved to the camera.
47.
Upon reaching the camera, JOHN MONTELLO proceeded to move the camera out
of the meeting room and/or to turn off the audiovisual recording of the public meeting and, while
doing do, declaring This thing doesnt need to be here; this is ridiculous.
48.
In moving the camera out of the meeting room and/or turning off the audiovisual
recording of the public meeting of the Maple Heights City Council held on May 21, 2014, JOHN
MONTELLO, individually and/or at the behest of JEFFREY LANSKY and JACQUELINE
MAE ALBERS, violated the First Amendment rights of BILL BROWNLEE, individually and
through MAPLE HEIGHTS NEWS.
49.
For as the Ohio Attorney General has recognized, [i]t is clear that the media has
the right to record governmental proceedings pursuant to its right to know. Furthermore, it is
well-established that the medias rights are no greater than that of the general public [T]he
publics constitutional right to know, that is, its right of meaningful and effective access to
government proceedings, includes the right of the public and the press to record [public]
meetings. Ohio Atty Genl Opin. No. 87-087.
50.
In terminating the audiovisual recording of the meeting of the Maple Heights City
Council on May 21, 2014, or otherwise directing such action, JOHN MONTELLO, JEFFREY
LANSKY and JACQUELINE MAE ALBERS were operating under color of state law.
51.
Council on May 21, 2014, JOHN MONTELLO, individually and/or at the behest of JEFFREY
10
LANSKY and JACQUELINE MAE ALBERS, violated the First Amendment rights of BILL
BROWNLEE, individually and as the publisher of MAPLE HEIGHTS NEWS.
52.
Council on May 21, 2014, JOHN MONTELLO, individually and/or at the behest of JEFFREY
LANSKY and JACQUELINE MAE ALBERS, said Defendants exhibited oppression, malice,
gross negligence, willful or wanton misconduct, and/or a reckless disregard for the civil rights of
BILL BROWNLEE / MAPLE HEIGHTS NEWS.
Obtaining and Revealing Private Taxpayer Information

53.
Shortly after BILL BROWNLEE was elected as a member of the City Council for
the City of Maple Heights, JEFFREY LANSKY, using his position and authority as mayor of
the City of Maple Heights, obtained from employees of the Tax Department of the City of Maple
Heights private taxpayer information regarding BILL BROWNLEE.
54.
Specifically, JEFFREY LANSKY obtained information regarding municipal
income tax filings (or lack thereof) and income tax payments (or lack thereof) by BILL
BROWNLEE in the years prior to his election to the City Council of the City of Maple Heights.
Such information is referred herein as Taxpayer Information.
55.
JEFFREY LANSKY had no legitimate, governmental need to obtain the Taxpayer
Information relating to BILL BROWNLEE.

56.
JEFFREY LANSKY had no legitimate, governmental need to publicize the
Taxpayer Information relating to BILL BROWNLEE.
11
57.
Based upon information and belief, JEFFREY LANSKY makes it a common
practice to obtain the Taxpayer Information about every person elected to City Council in the
City of Maple Heights.
58.
Based upon information and belief, JEFFREY LANSKY may also obtain the
Taxpayer Information about persons who criticize or challenge his authority or decisions as
mayor of the City of Maple Heights.
59.
In fact, JEFFREY LANSKY has, without privilege or authority, publicized the
Taxpayer Information relating to BILL BROWNLEE on multiple occasions.

60.
During the course of a caucus of the members of the Maple Heights City Council
held on or about January 15, 2014, JEFFREY LANSKY made a statement to those in attendance
that BILL BROWNLEE did not pay his taxes. Such a statement was based upon the Taxpayer
Information of BILL BROWNLEE that JEFFREY LANSKY illegally obtained from employees
of the City of Maple Heights.
61.
A similar declaration by JEFFREY LANSKY wherein he disclosed the Taxpayer
Information of BILL BROWNLEE occurred a second time during the course of the election in
November 2014.
62.
At the election held in November 2014, one of the issues appearing on the ballot
was a proposal to amend the Maple Heights City Charter brought about through initiative
petition. This issue appeared as Issue 99 on the ballot.
63.
In campaigning against Issue 99, JEFFREY LANSKY and LANSKY FOR
MAYOR distributed a flyer to the voters of Maple Heights (the Flyer). A true and accurate
copy of the Flyer is attached hereto as Exhibit A.
12
64.
The Flyer was widely distributed and published to third parties in the City of Maple
Heights in October 2014 and/or November 2014.

65.
The Flyer presents itself as a message from both JEFFREY LANSKY and
LANSKY FOR MAYOR.

66.
The Flyer included statements of purported fact meant to be embarrassing and
harmful to the reputations of supporters of Issue 99, including, without limitation, Leroy
Peterson, Frank Wagner, Neomia Mitchell and BILL BROWNLEE.
67.
The Flyer contained a statement by JEFFREY LANSKY and LANSKY FOR
MAYOR that BILL BROWNLEE had not paid income taxes to the City of Maple Heights in
2011, 2012 or 2013.
68.
Specifically, the Flyer declared that Brownlee did not file and paid no city income
taxes for years 2011-2013.

69.
The filing and amount of income taxes paid to Maple Heights by any individual is
private information.
70.
The fact of an individuals filing or not filing of income tax reports to the City of
Maple Heights is private information.

71. In fact, Section 718.13(A) of the Ohio Revised Code provides, in pertinent part:
Any information gained as a result of returns, investigations, hearings, or
verifications required or authorized by this chapter or by a charter or ordinance of
a municipal corporation levying an income tax pursuant to this chapter is
confidential, and no person shall disclose such information except in accordance
with a proper judicial order or in connection with the performance of that person's
official duties or the official business of the municipal corporation as authorized
by this chapter or the charter or ordinance authorizing the levy.
72.
Additionally, Section 890.32 of the Maple Heights Municipal Code provides:
13
Any information gained as the result of returns, investigations, hearings or

verifications required or authorized by this chapter shall be confidential except for
official purposes and except in accordance with proper judicial order. No person
shall otherwise divulge such information.
73.
And Section 890.99(a) of the Maple Heights Municipal Code provides:
Whoever violates or fails to comply with any of the provisions of this chapter is
guilty of a misdemeanor of the first degree and shall be fined not more than one
thousand dollars ($1,000) or imprisoned not more than six months, or both, for
each offense. Each disclosure of confidential information, as provided for in
Section 890.32 shall constitute a separate offense.
74.
And Section 890.99(b) of the Maple Heights Municipal Code provides:
In addition to the penalty provided in subsection (a) hereof, an employee of the

City who violates Section 890.32 is guilty of an offense punishable by immediate
dismissal.
75.
The distribution of the Flyer to a single voter constitutes an act of publication of the
Flyer to a third party.

76.
However, in sending or mailing the Flyer to multiple voters (believed to be even
hundreds or thousands of voters), JEFFREY LANSKY and LANSKY FOR MAYOR published
Taxpayer Information concerning BILL BROWNLEE to hundreds or thousands of persons.
77.
During the course of a caucus of the members of the Maple Heights City Council
held on or about December 17, 2014, JEFFREY LANSKY made a statement to those in
attendance that BILL BROWNLEE did not pay his taxes, thus uttering this statement publicly
for at least the third time.
78.
The actions of JEFFREY LANSKY and LANSKY FOR MAYOR in illegally
obtaining and publishing the Taxpayer Information concerning BILL BROWNLEE on multiple
14
occasions were manifestly outside the scope of the employment or official responsibilities of
JEFFREY LANSKY.
79.
However, the actions of JEFFREY LANSKY in illegally obtaining and publishing
the Taxpayer Information concerning BILL BROWNLEE on multiple occasions was done under
color of state law.
80.
And the actions of LANSKY FOR MAYOR in illegally obtaining and publishing
the Taxpayer Information concerning BILL BROWNLEE on multiple occasions was done in
collusion and coordination with JEFFREY LANSKY operating under color of state law such that
the actions of LANSKY FOR MAYOR are also considered to have been done under color of
state law.
81.
The actions of JEFFREY LANSKY and LANSKY FOR MAYOR in obtaining and
publishing the Taxpayer Information concerning BILL BROWNLEE on multiple occasions were
done with a malicious purpose, in bad faith, and/or in a wanton or reckless manner. In fact, the
actions of JEFFREY LANSKY and LANSKY FOR MAYOR in obtaining and publishing the
Taxpayer Information concerning BILL BROWNLEE on multiple occasions were done
specifically because of BILL BROWNLEEs outspoken opposition to numerous matters and
positions taken by JEFFREY LANSKY.
82.
The action of JEFFREY LANSKY and LANSKY FOR MAYOR in obtaining and
publishing the Taxpayer Information concerning BILL BROWNLEE on multiple occasions were
undertaken and are characterized by hatred, ill will or a spirit of revenge on the part of JEFFREY
LANSKY and LANSKY FOR MAYOR.
83.
The actions of JEFFREY LANSKY and LANSKY FOR MAYOR in obtaining and
publishing the Taxpayer Information concerning BILL BROWNLEE were undertaken by
15
JEFFREY LANSKY and LANSKY FOR MAYOR with a conscious disregard for the rights of
BILL BROWNLEE so as to have a great probability of causing substantial harm.
FIRST CAUSE OF ACTION

(Civil Rights, 42 U.S.C. 1983 / First Amendment)
84.
Plaintiffs incorporate each of the preceding paragraphs as if fully restated here.
85.
As noted above, [i]t is clearly established that when a public official excludes [an]
elected representative or a citizen from a public meeting, she must conform her conduct to the
requirements of the First Amendment. Monteiro v. City of Elizabeth, 436 F.3d 397 (3d Cir.
2006).
86.
In directing the removal of BILL BROWNLEE from the public meeting of the City
Council of the City of Maple Heights held on May 21, 2014, JACQUELINE MAE ALBERS
violated the rights and privileges afforded to BILL BROWNLEE under the First Amendment to
the United States Constitution, including freedom of speech and freedom to petition the
government for redress.
87.
As a direct and proximate result of the violation of the First Amendment rights of
BILL BROWNLEE by JACQUELINE MAE ALBERS, BILL BROWNLEE has suffered

damages or, alternatively and at a minimum, is entitled to nominal damages.
88.
In order to prevent JACQUELINE MAE ALBERS from further infringing the First
Amendment rights of BILL BROWNLEE (or others) during the course of public meetings of the
Maple Heights City Council, this Court should enter any appropriate injunctive or other equitable
relief it deems appropriate to ensure the protection and vindication of the fundamental rights at
issue herein.
16
SECOND CAUSE OF ACTION

(Civil Rights, 42 U.S.C. 1983 / First Amendment)
89.
Plaintiffs incorporate each of the preceding paragraphs as if fully restated here.
90.
Through the publication of MAPLE HEIGHTS NEWS, BILL BROWNLEE enjoys
the rights and privileges afforded to him under the First Amendment to the United States
Constitution, including freedom of speech and freedom of the press.
91.
Through the actions of JOHN MONTELLO, individually and/or at the behest of
JEFFREY LANSKY and JACQUELINE MAE ALBERS, during the course of the public
meeting of the Maple Heights City Council held on May 21, 2014, in moving BILL
BROWNLEEs camera out of the meeting room and/or turning off the audiovisual recording of
the public meeting, JOHN MONTELLO, individually and/or at the behest of JEFFREY
LANSKY and JACQUELINE MAE ALBERS, violated the First Amendment rights of BILL
BROWNLEE / MAPLE HEIGHTS NEWS.
92.
As a direct and proximate result of the actions of JOHN MONTELLO, individually
and/or at the behest of JEFFREY LANSKY and JACQUELINE MAE ALBERS, during the
course of the public meeting of the Maple Heights City Council held on May 21, 2014, in
moving the camera of BILL BROWNLEE / MAPLE HEIGHTS NEWS out of the meeting room
and/or turning off the audiovisual recording of the public meeting, the ability of BILL
BROWNLEE / MAPLE HEIGHTS NEWS to accurately and completely engage in the
dissemination of news relating to the City Council of the City of Maple Heights was curtailed
and interrupted.
93.
As a direct and proximate result of the actions of JOHN MONTELLO, individually
and/or at the behest of JEFFREY LANSKY and JACQUELINE MAE ALBERS, during the
course of the public meeting of the Maple Heights City Council held on May 21, 2014, in
17
moving BILL BROWNLEEs camera out of the meeting room and/or turning off the audiovisual
recording of the public meeting, BILL BROWNLEE / MAPLE HEIGHTS NEWS have suffered
damages or, alternatively and at a minimum, is entitled to nominal damages.
THIRD CAUSE OF ACTION

(Civil Rights, 42 U.S.C. 1983 / Right of Privacy)
94.
Plaintiff incorporates each of the preceding paragraphs as if fully restated here
95.
The Ohio Supreme Court has recognized and acknowledged that there is a federal
right to privacy which protects against governmental disclosure of the private details of ones
life. State ex rel. Beacon Journal Publishing Co. v. Akron, 70 Ohio St.3d 605, 608, 640 N.E.2d
164, 1994-Ohio-6 (1994).
96.
BILL BROWNLEE had a reasonable expectation of privacy relating to the
Taxpayer Information possessed by the City of Maple Heights and which JEFFREY LANSKY
obtained under color of state law through his position and authority as mayor of the City of
Maple Heights.
97.
In obtaining and then disclosing on multiple occasions Taxpayer Information
concerning BILL BROWNLEE, JEFFREY LANSKY has, under color of state law, violated the
due process rights of BILL BROWNLEE guaranteed and protected pursuant to the Fourteenth
Amendment to the United States Constitution.
98.
JEFFREY LANSKY provided significant encouragement to LANSKY FOR
MAYOR to disclose the Taxpayer Information that JEFFREY LANSKY obtained and
distributed as the mayor of the City of Maple Heights.
99.
LANSKY FOR MAYOR was a willful participant in the joint activity of JEFFREY
LANSKY in disclosing Taxpayer Information concerning BILL BROWNLEE.
18
100. As a direct and proximate result of the actions of JEFFREY LANSKY and
LANSKY FOR MAYOR in obtaining and then disclosing on multiple occasions Taxpayer
Information concerning BILL BROWNLEE, BILL BROWNLEE has suffered damages or,
alternatively and at a minimum, is entitled to nominal damages
FOURTH CAUSE OF ACTION

(Invasion of Privacy Publication of Private Affairs)
101. Plaintiffs incorporate each of the preceding paragraphs as if fully restated here.
102. JEFFREY LANSKY and LANSKY FOR MAYOR intentionally published to
numerous third parties the Taxpayer Information concerning BILL BROWNLEE.
103. In publishing or causing to be published the Taxpayer Information concerning BILL
BROWNLEE, JEFFREY LANSKY and LANSKY FOR MAYOR published information
concerning the private affairs of BILL BROWNLEE.
BROWNLEE, JEFFREY LANSKY and LANSKY FOR MAYOR published information of
which the public had no legitimate concern or right.
105. The publication of Taxpayer Information concerning any individual, including
BILL BROWNLEE, involve the publication of a matter that is highly offensive and
objectionable to a reasonable person of ordinary sensibilities.
106. As a direct and proximate result of the publication by JEFFREY LANSKY and
LANSKY FOR MAYOR of his Taxpayer Information, BILL BROWNLEE has suffered harm
and damages or, alternatively and at a minimum, is entitled to nominal damages.
19
FIFTH CAUSE OF ACTION

(Invasion of Privacy Wrongful Intrusion Into Private Affairs)
108. In obtaining the Taxpayer Information concerning BILL BROWNLEE, JEFFREY
LANSKY and LANSKY FOR MAYOR intentionally intruded into the private affairs of BILL
BROWNLEE.
BROWNLEE, JEFFREY LANSKY and LANSKY FOR MAYOR intentionally intruded into the
private affairs of BILL BROWNLEE.
110. BILL BROWNLEE had a reasonable expectation of privacy in the Taxpayer
Information which was held or maintained by the City of Maple Heights.
111. The intrusion into the private affairs of BILL BROWNLEE by JEFFREY LANSKY
and LANSKY FOR MAYOR was wrongful.
and LANSKY FOR MAYOR was done in a manner as to outrage or cause mental suffering,
shame or humiliation to a person of ordinary sensibilities.
and LANSKY FOR MAYOR was done in a manner that is highly offensive to a reasonable
person.
114. As a direct and proximate result of the intrusion into the private affairs of BILL
BROWNLEE by JEFFREY LANSKY and LANSKY FOR MAYOR of his Taxpayer
Information, BILL BROWNLEE has suffered harm and damages or, alternatively and at a
minimum, is entitled to nominal damages.
20
SIXTH CAUSE OF ACTION

(Invasion of Privacy False Light Invasion of Privacy)
116. Within the Flyer, i.e., Exhibit A, JEFFREY LANSKY and LANSKY FOR
MAYOR published the following statement of fact: [Bill] Brownlee did not file and paid no city
income taxes for years 2011-2013.
117. At the time that JEFFREY LANSKY and LANSKY FOR MAYOR published to
third parties and without privilege the statement of fact in the Flyer that Brownlee did not file
and paid no city income taxes for years 2011-2013, said statement of fact was false.
118. In publishing via the Flyer the false statement of fact that Brownlee did not file
and paid no city income taxes for years 2011-2013, JEFFREY LANSKY and LANSKY FOR
MAYOR published such statement without privilege.
MAYOR published such false statement to the public at large or to so many persons such that the
matter was substantially certain to become one of public knowledge.
MAYOR acted with actual malice, i.e., with actual knowledge of its falsity or with reckless
disregard as to its falsity or veracity.
121. In publishing in the Flyer and to the general public the false statement of fact that
Brownlee did not file and paid no city income taxes for years 2011-2013, JEFFREY LANSKY
and LANSKY FOR MAYOR gave publicity to a matter concerning BILL BROWNLEE that
placed him before the public in a false light.
21
122. Placing one in a false light of not having filed or paid city income taxes is and
would be highly offensive to a reasonable person.
123. As a direct and proximate result of the intrusion into the private affairs of BILL
BROWNLEE by JEFFREY LANSKY and LANSKY FOR MAYOR of his Taxpayer
Information, BILL BROWNLEE has suffered harm and damages or, alternatively and at a
SEVENTH CAUSE OF ACTION

(Defamation)
124. Plaintiffs incorporate each of the preceding paragraphs as if fully restated here
125. Within the Flyer, JEFFREY LANSKY and LANSKY FOR MAYOR published the
following statement of fact: [Bill] Brownlee did not file and paid no city income taxes for years
2011-2013.
126. The statement of fact that [Bill] Brownlee did not file and paid no city income
taxes for years 2011-2013 was published by JEFFREY LANSKY and LANSKY FOR MAYOR
to third parties without privilege in October 2014 and/or November 2014.
127. At the time that JEFFREY LANSKY and LANSKY FOR MAYOR published to
third parties and without privilege the statement of fact that Brownlee did not file and paid no
city income taxes for years 2011-2013, said statement of fact was false.
128. JEFFREY LANSKY and LANSKY FOR MAYOR published to third parties and
without privilege the false statement of fact that Brownlee did not file and paid no city income
taxes for years 2011-2013 with actual malice, i.e., with actual knowledge of its falsity or with
reckless disregard as to its veracity.
22
129. The false statement of fact that Brownlee did not file and paid no city income taxes
for years 2011-2013 reflected unfavorably on the character of BILL BROWNLEE.
130. The false statement of fact that Brownlee did not file and paid no city income taxes
for years 2011-2013 implies a violation of law by BILL BROWNLEE.
131. As a direct and proximate result of the publication by JEFFREY LANSKY and
LANSKY FOR MAYOR to third parties and without privilege the false statement of fact that
Brownlee did not file and paid no city income taxes for years 2011-2013, BILL BROWNLEE
has suffered harm and damages or, alternatively and at a minimum, is entitled to nominal
damages.
EIGHTH CAUSE OF ACTION
(Defamation)
132. Plaintiffs incorporate each of the preceding paragraphs as if fully restated here
133. During the course of a caucus of the members of the City Council of the City of
Maple Heights held on December 17, 2014, JEFFREY LANSKY made a statement to those in
attendance that BILL BROWNLEE did not pay his taxes, thus uttering this statement publicly
for at least the third time.
134. Specifically, during the course of a caucus of the members of the City Council of
the City of Maple Heights held on December 17, 2014, JEFFREY LANSKY engaged in the
following attack on BILL BROWNLEE: I dont know Ive heard all these comments. And
again, Im very offended by Councilman Brownlees comments because, you know, hes
someone whos unemployed and doesnt even work and lived here for three years and didnt
even file or pay taxes. And now you want us to listen to your advice which is really you said
disaster youre a disaster. Thats disastrous advice.
23
135. The statement of fact that BILL BROWNLEE didnt file or pay taxes was
published by JEFFREY LANSKY to third parties without privilege on December 17, 2014.
136. At the time that JEFFREY LANSKY published to third parties and without
privilege the statement of fact that BILL BROWNLEE didnt file or pay taxes, said statement
of fact was false.
137. JEFFREY LANSKY published to third parties and without privilege the false
statement of fact that BILL BROWNLEE didnt file or pay taxes with actual malice, i.e., with
actual knowledge of its falsity or with reckless disregard as to its veracity.
138. The false statement of fact that BILL BROWNLEE didnt file or pay taxes
reflected unfavorably on the character of BILL BROWNLEE.
139. The false statement of fact that BILL BROWNLEE didnt file or pay taxes
implies a violation of law by BILL BROWNLEE.
140. As a direct and proximate result of the publication by JEFFREY LANSKY to third
parties and without privilege the false statement of fact that BILL BROWNLEE didnt file or
pay taxes, BILL BROWNLEE has suffered harm and damages or, alternatively and at a
WHEREFORE, BILL BROWNLEE / MAPLE HEIGHTS NEWS demand judgment in

their favor and against the Defendants, including:
A.
damages in an amount to be determined at trial but, at a minimum, nominal damages;
B.
punitive damages in an amount to be determined at trial;
C.
a declaratory judgment establishing the conduct of the Defendants herein violated the
First Amendment rights of BILL BROWNLEE / MAPLE HEIGHTS NEWS;
24
D.
court costs;
E.
attorney fees pursuant to 42 U.S.C 1988 and the common law;
F.
any other relief to which they may be entitled in law or in equity.
Respectfully submitted,
/s/ Curt C. Hartman

Christopher P. Finney
FINNEY LAW FIRM, LLC
4270 Ivy Pointe Blvd., Suite 225
Cincinnati, Ohio 45245
(513) 943-6650
(513) 943-6669 (fax)
Chris@finneylawfirm.com
Brian@finneylawfirm.com
Curt C. Hartman
THE LAW FIRM OF CURT C. HARTMAN
7394 Ridgepoint Drive, Suite 8
Cincinnati, Ohio 45230
(513) 379-2923
hartmanlawfirm@fuse.net
Trial Attorneys for Plaintiffs
25

Maple Heights News & Bill Brownlee v. Lansky, Et Al.

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Maple Heights News & Bill Brownlee v. Lansky, Et Al.

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Case: 1:15-cv-00053 Doc #: 1 Filed: 01/12/15 1 of 25.

UNITED STATES DISTRICT COURT

MAPLE HEIGHTS NEWS,

Case No. 1:15-CV-53

Case: 1:15-cv-00053 Doc #: 1-1 Filed: 01/12/15 1 of 4. PageID #: 26

Case: 1:15-cv-00053 Doc #: 1-1 Filed: 01/12/15 2 of 4. PageID #: 27

Case: 1:15-cv-00053 Doc #: 1-1 Filed: 01/12/15 3 of 4. PageID #: 28

Case: 1:15-cv-00053 Doc #: 1-1 Filed: 01/12/15 4 of 4. PageID #: 29

Case: 1:15-cv-00053 Doc #: 1 Filed: 01/12/15 2 of 25. PageID #: 2

Case: 1:15-cv-00053 Doc #: 1 Filed: 01/12/15 3 of 25. PageID #: 3

Plaintiff WILLIAM C. BROWNLEE (also known as BILL BROWNLEE) is a

Defendant JEFFREY LANSKY is a resident of the City of Maple Heights, which is

located in Cuyahoga County, Ohio.

Defendant LANSKY FOR MAYOR is a campaign committee as defined in Section

3517.01(C)(1) of the Ohio Revised Code.

LANSKY FOR MAYOR is the campaign committee formed and organized in

support of JEFFREY LANSKYs mayoral campaign in the City of Maple Heights.

JEFFREY LANSKY is the treasurer for LANSKY FOR MAYOR.

Based upon information and belief, Defendant JOHN MONTELLO is a resident of

Portage County, Ohio.

Case: 1:15-cv-00053 Doc #: 1 Filed: 01/12/15 4 of 25. PageID #: 4

Defendant JACQUELINE MAE ALBERS is a resident of the City of Maple

Heights, which is located in Cuyahoga County, Ohio.

the City of Maple Heights.

In November 2013, BILL BROWNLEE was elected as a member of the City

As a result of this criticism and in an effort to stifle such criticism, Defendants

Case: 1:15-cv-00053 Doc #: 1 Filed: 01/12/15 5 of 25. PageID #: 5

Removal of from Public Meeting in Violation of First Amendment

It is clearly established that when a public official excludes [an] elected

Subsequently, during consideration by the Maple Heights City Council of

In response to BILL BROWNLEEs voiced opposition to Ordinance No. 2014-37,

Upon the conclusion of the comments by JOHN MONTELLO attempting to rebut

Case: 1:15-cv-00053 Doc #: 1 Filed: 01/12/15 6 of 25. PageID #: 6

On other numerous occasions, JACQUELINE MAE ALBERS has similarlysought

Pursuant to Section 220.01(f) of the Codified Ordinances of the City of Maple

Upon the effort by JACQUELINE MAE ALBERS to violate Section 220.01(f) of

In violation of Section 220.01(f) of the Codified Ordinances of the City of Maple

When BILL BROWNLEE repeated his point of order, JACQUELINE MAE

Case: 1:15-cv-00053 Doc #: 1 Filed: 01/12/15 7 of 25. PageID #: 7

The action of JACQUELINE MAE ALBERS in directing the removal of BILL

The action of JACQUELINE MAE ALBERS in directing the removal of BILL

The action of JACQUELINE MAE ALBERS in directing and effectuating the

The action of JACQUELINE MAE ALBERS in directing and effectuating the

Case: 1:15-cv-00053 Doc #: 1 Filed: 01/12/15 8 of 25. PageID #: 8

Terminating Audiovisual Recording of Council Meeting in Violation of First Amendment

BILL BROWNLEE is the founder of MAPLE HEIGHTS NEWS, an internet news

Case: 1:15-cv-00053 Doc #: 1 Filed: 01/12/15 9 of 25. PageID #: 9

Starting in or about February 2014, MAPLE HEIGHTS NEWS started audiovisual

After BILL BROWNLEE was, at the direction of JACQUELINE MAE ALBERS,

When BILL BROWNLEE refused to assent to the demand of JACQUELINE MAE

Case: 1:15-cv-00053 Doc #: 1 Filed: 01/12/15 10 of 25. PageID #: 10

For after JEFFREY LANSKY made whatever comment to JOHN MONTELLO,

Case: 1:15-cv-00053 Doc #: 1 Filed: 01/12/15 11 of 25. PageID #: 11

Obtaining and Revealing Private Taxpayer Information

Specifically, JEFFREY LANSKY obtained information regarding municipal

JEFFREY LANSKY had no legitimate, governmental need to obtain the Taxpayer

Information relating to BILL BROWNLEE.

JEFFREY LANSKY had no legitimate, governmental need to publicize the

Taxpayer Information relating to BILL BROWNLEE.

Case: 1:15-cv-00053 Doc #: 1 Filed: 01/12/15 12 of 25. PageID #: 12

Based upon information and belief, JEFFREY LANSKY makes it a common

In fact, JEFFREY LANSKY has, without privilege or authority, publicized the

Taxpayer Information relating to BILL BROWNLEE on multiple occasions.