KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Cincinnati Ohio paying back alarm registration fees and false alarm fines April 1, 2023 ******************** Cincinnati Ohio paying back alarm registration fees and false alarm fines ******************* Ken Cincinnati Ohio paying back alarm registration fees and false alarm fines. Lee Jones ******************* Response ******************* The City of Cincinnati lost the case White, et al v. City of Cincinnati Ohio, et al in the Court of Appeals, First Appellate District. Because of that loss Cincinnati’s City Council has authorized transferring of $1,480,000 to reimburse citizens who paid alarm registration fees and false alarm fines between 2014 and 2021. The fees and fines were challenged by end user and an alarm company, both of whom paid registration fees and / or alarm fines. The City won in the lower court. On appeal the intermediate appellate court reversed. On March 15, 2023 the highest court in Ohio refused to hear the appeal, so game over. The Appellate Court first analyzed whether the fees were a tax or charge for service. That discussion didn’t interest me. What did interest me, and will interest you, is how the Court got around to finding that the fees and fines were impermissible. Keep in mind that similar registration fees and false alarm fines are assessed in many municipalities [including mine – so I am considering a lawsuit]. The Court discussed some of the issues that I have thought about, and complained about. The Court recognized that a basic function of government is police protection. It then noted that those paying registration fees and false alarm fines were not being accorded any special protection. Police responded, or didn’t respond, in the same manner whether there was a registration fee or not. The false alarm fines were not being used for any special protection but making their way into the general fund. Basically, the argument goes, if all members of the public are entitled to police protection and all were getting that protection in the same manner regardless of alarm registration fees or fines, then those paying those charges were being taxed for nothing, no additional benefit. In other words, their property [money] was taken for no reason; they were being given equal treatment under the law; their due process rights were being violated. This won’t be the last challenge we see and it will be interesting to see how other courts handle the issue. We are likely to see distinctions in how police departments run their alarm registration and alarm response as well has how false alarm fines are determined and where the money goes. These issues are likely to evolve as municipalities struggle to figure out more ways to tax some of their people, making sure we’re paying our “fair share”. So just to complete my thoughts, which I know won’t be popular with some, why are we registering our alarms and paying fines when all we are getting is the same protection everyone else is getting? If alarm registration actually helps police with its response duty then why are those with alarms paying for that service to the police? Maybe they should pay the alarm user. ******************** STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
