Smith did not respond to the News-Sun’s requests for comment about the incident. St. Paris is a village of about 1,800 people, 12 miles west of county seat Urbana, where the fair is located.
Champaign County court records show that Smith’s arraignment, which had been scheduled for Monday, was continued to Aug. 20 “to allow defendant time to obtain counsel.”
The Champaign County Fair runs through Friday night.
Jeffry Smith, an Ohio gun rights advocate who has testified at the statehouse and participated in open carry demonstrations, sent an email to multiple Champaign County officials Monday, saying the arrest “flies in the face of established Ohio law” and “opens up the county to liability.”
Jeffry Smith, who said he is no relation to Eric Smith, argued that most of Ohio’s county agricultural societies that run county fairs are “political subdivisions” and thus subject to Ohio law that permits people to carry firearms. He said that any “No Guns” signs at the entrances to the fair violate Ohio law.
“If the above matters — illegal signage and/or related threats of (law enforcement) action — are not brought into compliance with Ohio law by (midday Wednesday), and communicated appropriately, I and others will be attending the Fair and we will openly carry,” Smith said in a message to Champaign County Sheriff Matthew Melvin and the county commissioners.
The Sheriff’s Office did not respond to the News-Sun’s request for comment.
Champaign County Prosecutor Kevin Talebi delivered a statement to the News-Sun late Tuesday from the Champaign County Agricultural Society. CCAS said that it is a private entity operating the county fair on land that is privately owned and operated by the CCAS and their board.
“The CCAS believes that the county fair should remain a safe place free of weapons and firearms. Keeping this belief in mind, the CCAS has implemented a policy prohibiting the carrying of weapons or firearms on the fairgrounds during the week of the fair,” the Agricultural Society’s statement said. “Signs are conspicuously posted at the gates to the fair grounds advising the attendees of the prohibition and the policy has worked well for many years without incident.”
The Champaign County Sheriff’s Office said Monday that Eric Smith was openly carrying a firearm and his police badge at the Champaign County Fair while off-duty and with no jurisdiction there.
The sheriff’s office said Eric Smith was told repeatedly to leave the fair or to put his gun in his vehicle, and that the demand was a direct order from Sheriff Melvin. They said Smith refused repeatedly and was arrested.
The News-Sun requested any body camera or cruiser camera video of the incident, but the Champaign County Sheriff’s Office responded that there is no footage because “we do not have body cams or cruiser cameras.”
The Agricultural Society said their firearms policy for the fair “should not be interpreted as a political stance regarding any individual’s constitutional rights,” saying they believe it is “in the best interests of the children participating in and attending our local fair.”
Credit: Bill Lackey
Credit: Bill Lackey
“Therefore, the prohibition of weapons and firearms at the fairgrounds will continue to remain in effect. Individuals who do not abide by the policy will be denied entrance into the fairgrounds or will be required to leave,” the Champaign County Agricultural Society said.
Jeffry Smith said the fair board’s basic claim to be a private entity is wrong, suggesting that there are Ohio Attorney General legal opinions that are relevant to the topic.
Jeffry Smith said if the facts of the police report were accurate, “the charges will be dropped or Champaign County is going to find itself in even hotter and deeper water.”
Court records show that Matthew Dibartola of Springfield has been assigned as the special prosecutor for Eric Smith’s legal proceedings, and Davis Tyack, a retired Franklin County judge, will oversee the case.
The Agricultural Society tried Tuesday to put the focus back on the fair.
“The CCAS has enjoyed the support of our community each year and 2024 has been no different,” the fair board wrote. “As we approach the last few days of the fair, we hope that the community will continue to attend the fair and support the children who participate in the various exhibits and activities.”
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