It seems like all I every get to do is report a new set back or ask for money so we can jump thru some new hoop that the courts have thrown in front of us as we work to challenge the constitutionality of Ohio’s custody law and protect our rights as parents. It some ways I have to do that BUT in some ways we have made some progress.

 

With the latest move by the court in Chuck Evan’s case, I truly believe that we are getting very close, maybe too close for the courts, and they are now really reaching into their bag of tricks to stop us. But tricks like this new one simply make us reach deeper into our own bag and come out swinging harder.

 

Chuck has been declared a vexatious litigant and the courts have now taken away his ability to defend himself in his divorce. Can you say, “Blatant violation of his due process rights?”  When one has to bow to the discretion of the court in deciding what you can or can NOT file to protect yourself, there is no way that a proper defense can be presented. Under the current situation, there is no adequate remedy!

 

As we told you, Chuck had filed a Writ of Prohibition to prevent the courts from having a temporary custody hearing stopping any chance of seeing or getting custody of his son so that he could put the needs of others ahead of his own in a quest for equal custody for all fit parents. The court of Appeals has denied the Writ BUT they did give us the complete proper procedure on how to proceed with have the Constitutionality of the Law heard by the Family Court. This declaration that he is a “vexatious litigator” now requires him to ask permission, from the same judge that declared him vexatious, to file anything in any state proceeding.  He has already been denied the right to appeal the decision!

 

If we are going to make this happen for everyone as Chuck wishes to do we need to file:

1.    A Writ of Extraordinary Mandamus with the Ohio Supreme Court so he can proceed with the appeal and overturn this malicious finding of being a vexatious litigant.

2.    A Constitutional Challenge to the Vexatious Litigant laws as they pertain in Family Court situations in Federal Court.

3.    A Constitutional Challenge to Ohio’s Custody law 3109.04, the Temporary Hearings law 3109.043 and Old Civil Rule 75N in Federal Court. This case we are going to ask the Federal court to hold in Abeyance pending a decision by the State Court on Chuck’s original Declaratory Judgment case.

 

For this to happen we need money and we need it now. Chuck Evans, Mike Galluzzo, a few unnamed individuals and I have funded these cases with some outside help but we are all broke and out of funds. The hours expended are enormous!  It is easier for many to share the cost than for a few to pay the bill.

 

We have set up a Chip In on the PACE site to track progress on this effort. This will allow everyone to donate thru PayPal. If you want to simply mail a check or money order to Chuck that can happen also by mailing today to:

 

Please send donations to:

 

Chuck Evans

1892 REAR Oakland Park Ave.

Columbus, Ohio 43224

 

That is why we need your financial help immediately!  As you know, litigation can kill you financially and we have nothing to proceed with!  You have probably been in that situation yourself, but even a small donation ($5 – 20) will help if you can’t donate more.

 

Chuck has sacrificed for many years to get us to this point and the least we can do is help with the filing fees.  His victory in this will be a great help to all of us!

 

It is time to stand up and be counted!  

 

 

Thank you for your support!

 

 

 

 

 

 

Ray Lautenschlager

PACE Akron

“The keeper of the penny”

#3

"Success is more permanent when you achieve it without

destroying your principles". - Walter Cronkite

We are continually faced with a series of great opportunities

brilliantly disguised as insoluble problems.
  - John W. Gardner

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