The Observation Deck

A half truth is a lie, because a half truth is designed to mislead and leave a false impression.

Summers and his PR employee Colin McEwen have spread a "half-truth" about "200 businesses" being opened under Summers' regime (its in your water bill). However, this morning at 1:55 AM (email below), Butler again formally claimed that the city does not keep records of "businesses that have closed or left Lakewood." So the "200 business" openings is designed to mislead and leave a false impression.

So, it is a "lie". It is a huge "lie."

Welcome to the "Summers Republic of Lakewood", where our government strongman controls and manipulates information and the press.

It is clear that public records exist that would further expose this "lie".

I will continue to fight against and report on the lack of transparency and honesty in our local government.

From: "Butler, Kevin" <Kevin.Butler@lakewoodoh.net>
Subject: RE: Public Records Requests --PRR1 to PRR 173
Date: July 16, 2016 at 1:55:40 AM EDT
To: "'Brian Essi'"
Cc: "Petrus, Jeannine" <Jeannine.Petrus@lakewoodoh.net>, "Strachan, Shannon" <Shannon.Strachan@lakewoodoh.net>

Mr. Essi:

In No. 96 of your March 15, 2016 public records request, you ask for “All records, notes, and communications – electronic or otherwise – related to businesses that have closed or left Lakewood since Mr. Summers has been mayor.”

My email to you of October 16, 2015, at 6:02 p.m., which responded to a nearly identical request, should be fully responsive to this request. We do not maintain a list of businesses that have closed or left Lakewood. However, I am obligated to remind you that because it seeks information “relating to” another thing, your request is vague, overly broad and/or ambiguous, and is therefore, to that extent, denied. The Ohio Supreme Court has held that a public records request must describe the records desired with reasonable and sufficient clarity and not be overly broad and ambiguous. State ex rel. Morgan v. New Lexington, 112 Ohio St.3d 33, 2006-Ohio-6365, ¶29, quoting State ex rel. Fant v. Tober, 68 Ohio St.3d 117 (1993). Furthermore, a governmental office has no duty to “seek out and retrieve those records which would contain the information of interest to the requester.” Fant, 1993 Ohio App. LEXIS 2591 at *4 (8th Dist. Apr. 28, 1993); aff’d 68 Ohio St.3d 117 (1993). Finally, a public office is under no obligation to search for records containing selected information. State ex rel. Thomas v. Ohio State University, 71 Ohio St.3d 245 (1994).

This completes our response to No. 96 of your March 15, 2016 request.

Best wishes,

Kevin M. Butler, Director of Law
City of Lakewood | Law Department
(216) 529-6034

General question(s) -

When a business closes, does it declare it or file somewhere that is is closing? Or does it just run out its lease, stop paying rent, or whatever and go away? Does it let its licenses, certificates and web domain run out and just not renew or does it have to declare somewhere this is happening?

I know a new business has to file or register for these in order to obtain them, is there also a legally required exit plan for a business?

Businesses that close generally stop fling and paying taxes, among other governmental filings.

A competently managed local government that is focused on fostering an environment conducive to business would track and capture that information.

It is axiomatic in management that if you can't measure something, you can't manage it.

So is our local strongman competent as a manager?

Is he hiding the data that might expose his incompetence as a manager?

No mention that the scooter/motorcycle shop on Detroit and Matthews left in March. That was sort of a landmark being that it was one of the first things you see upon entering Lakewood from the west.

They moved to Cleveland.

So they just stop filing and go away without having to legally declare to anyone this is happening.

Nowadays it seems like some of these storefronts rent monthly only. It seems like at least 4 or 5 cell phone stores open and close at the same location each year (the most common address I can think of is the corner of Elmwood and Detroit) but I think it on its second jewelry store in the past few months (used to be a rotating cell phone store location).

Interesting notion that the local government responses to records requests suggest they don't know the number of businesses operating within city limits.

Brian Essi wrote:Interesting notion that the local government responses to records requests suggest they don't know the number of businesses operating within city limits.

But, but, but...Summers & Company had to get their numbers from SOMEwhere?

Brian Essi wrote:Interesting notion that the local government responses to records requests suggest they don't know the number of businesses operating within city limits.

Are you requesting figures that the businesses are not required, or legally obligitated, to give?

Since you stated that they are not required to report to anyone, how could anyone expect numbers?

Business open, they are required to obtain documentation, they close and they are not. Aren't you asking for expectations on something that realistically doesn't exist (in which even you have stated businesses are not required to report...to anyone)?

Wow! False premises and imputed statements that I never made.

Defending a lie with multiple lies doesn't change the original lie--it just exposes intellectual weakness.

The facts are very clear here and all come from the city, not me.

Butler's email documents that Summers & McEwen have fabricated a false narrative, i.e a "lie"

Its not the first time and it won't be that last.

I am just reporting the facts.

Why do some compulsively invent more lies to defend the lies from City Hall?

Brian,

I suppose we should go a little easy on Butler. After all, he is now wearing at least three hats! Law Director for Lakewood and Brooklyn and acting mayor!

So, do old businesses never die?

It seems to be so in Lakewood.

The 4000 number that the city keeps tossing out there must obviously include every business that ever was, since they have NO idea when a business closes, moves, or ceases to exist.

The US Census says there are about 988 businesses in the city. This place, a data analytics company, has similar figures of about 950.

http://proximityone.com/zbp.htm


Unless the city can come up with proof for that wildly inflated figure of 4000, I'll trust the Census numbers.

If you can't account for a business that no longer files taxes or renews a license, then I don't believe you can accurately claim how many businesses exist in Lakewood.

Bridget,
I can't help but believe that they are aware that businesses leaving Lakewood is on the increase. There are a lot of homes going up for sale also. ( Wait for it, one of Lord's servants will be ordered to come on the Deck to do damage control! ) Sure, there are a few homes that sell for good money, but, most don't. It is just the same old story. Apparently, Butler holds the keys to all the city records. Perhaps, for those of you old enough to remember, I think we should nick name him Mr. Jing-a-ling, keeper of the keys!

I expect the loss of businesses will continue to rise and so will the number of people leaving Lakewood. I believe that in 2017, we will be asked to pass another school levy. After that, Lord will have to raise taxes. You can't afford to run a city without 1.1 million a year and an employer with a great tax base.

Once again, Lord and Company appear to be dishonest, greedy and self serving. All hail the Lord of failure!

I bet Mr. Jing-a-ling would supply CCF or the Extended Company with their requests immediately. Lord is a failure. Why would we expect anything more from the clown lawyer? I believe they both should be wearing orange jump suits!