SBA List & COAST v. Driehaus - State of Ohio Respondent's Brief

Defending the indefensible free speech chilling political speech regulation, comes now the State of Ohio in its Respondent's Brief before the United States Supreme Court.

We must give them credit, the Ohio Elections Commission is not going down without a fight!

  SBA List & COAST v. Driehaus, brief of State of Ohio by COAST

Amicus of the Day - American Book Sellers Association

  SBA List COAST v Driehaus Amicus Brief by the American Book Sellers Association

American Civil Liberties Union Amicus Brief in Support of COAST and SBA List

  SBA List COAST v Driehaus ACLU Amicus Brief

RNC Speaks Out for COAST and SBA List - Amicus of the Day

  Republican National Committee Amicus Brief SBA List COAST v Driehaus

Amicus of the Day General Counsel of Seventh Day Adventists

  General Conference of Seventh Day Adventists Et Al Amicus Brief Sba List Coast v Driehaus

Attorney General Mike DeWine Files Powerful Amicus Brief

Ohio Attorney General Mike DeWine Amicus Brief SBA List COAST v Driehaus

COAST Files Brief in Supreme Court Case

COAST filed its Brief for Petitioners in its challenge to Ohio's Unconstitutional Political Speech Regime. Oral Argument is set for April 22, 2014.

COAST legal team, led by Chris Finney and Curt Hartman have been aggressive defenders of economic and political freedom and we are proud and excited to be a part of this fight to end the practice of political hacks attempting to regulate the marketplace of political speech. This case is a major battle in the fight against the overreach of government functionaries that threaten to oppress Civil Rights and Liberties.

We hope and believe that the Supreme Court will use this case to clarify the law demanding unfettered political speech and breathe life into the First Amendment.

COAST extends our thanks and appreciation to Finney and Hartman for their often thankless efforts in the fight against tyranny.

COAST Brief for Petitioners

Congratulations on inauguration

This week, COAST welcomes to public office, the following COAST-endorsed candidates:

In Columbus:  Governor Kasich and Lt. Governor Mary Taylor, Auditor David Yost, Attorney General Mike DeWine, Treasurer Josh Mandel, State Senator Shannon Jones, State Representatives Ronald Maag and Bob Mecklenborg and Ohio Board of Education member Debe Terhar. 

In Washington: our newest Senator Rob Portman and  returning Congressman Steve Chabot, who defeated COAST’s declared Public Enemy #1, Steve Driehaus (may he be retired from public office forever!).

In Hamilton County: Consistent conservative Chris Monzel replaces liberal spender David Pepper (may he also be retired from public office forever!)

COAST takes particular note of the fact that its 2009 Fundraiser headliner (John Kasich) and its 2010 Fundraiser speaker (Rob Portman) this week took the oath of office for the two top elected positions in/from Ohio.

Driehaus' Pay to Play

 No more unanswered questions.  Just follow the money trail.

You may remember COAST's reporting of the closed door fundraiser with Congressman James Oberstar and Nancy Pelosi waterboy Steve Driehaus.  In August, Steve Driehaus met with Congressman James Oberstar, Chairman of the House Transportation and Infrastructure Committee in a closed door meeting at the local offices of Parsons Brinkerhoff.  Liberal apologists defended the secret meeting, ensuring all that there was no quid pro quo.

As you may know, Parsons Brinkerhoff is a planning, engineering and construction management firm connected to many local boondoggles that either already have received government funding, or are poised to do so.  They are a member of the Cincinnati Streetcar Development Team, Project Manager for Governor Strickland's pet 3-C Rail project, as well as the Project Manager for the failed Riverfront Transit Center. 

It appears that COAST's reporting of top secret fundraiser for the Driehaus campaign following the closed meeting appears to be correct.  Was this meeting used as leverage by Driehaus to raise money from a contractor that stands to benefit from federal funding for local transportation projects?  You be the judge.  The Parsons Brinkerhoff PAC and Parsons Brinkerhoff President Fred Craig each contributed $500 to the Driehaus campaign.  Those contributions were deposited the very next day after the meeting.  Smell Fishy? 

Not coincidentally, Parsons Brinkerhoff's PAC also contributed $1000 to the campaign of Congressman Oberstar. 

"Steve Driehaus reminds us once again why we strongly oppose returning him to Congress," said COAST Chairman Jason Gloyd.  "Driehaus is clearly a willing participant in the big-money culture of corruption in politics."  Gloyd continued, "The shameful pay to play atmosphere that Driehaus has gladly wallowed in is exactly what's wrong with our representatives in Washington."

Driehaus' Big Dig?

Closed Door Meetings. Swanky Fundraisers. Unanswered Questions...

Steve Driehaus met with Congressman James Oberstar, Chairman of the House Transportation and Infrastructure Committee in a closed door meeting at the local offices of Parsons Brinkerhoff earlier this month.  But many questions surrounding the true nature of this meeting, and visit, have been left unanswered.

Parsons Brinkerhoff is a planning, engineering and construction management firm connected to many local projects.  They are a member of the Cincinnati Streetcar Development Team, Project Manager for Governor Strickland's pet 3-C Rail project, as well as the Project Manager for the failed Riverfront Transit Center.  Parsons Brinkerhoff is most well known for the most expensive highway project in U.S. history, the "Big Dig."  This Massachusetts transit project ended up well over budget at $12 billion, was finished nine years late, and was the cause of a tragic death.

Apparently, Oberstar appeared at a fundraiser for the Driehaus campaign following the closed meeting.  So the question remains, was this meeting used as leverage by Driehaus to raise money from a contractor that stands to benefit from federal funding for local transportation projects, and who from Parsons Brinkerhoff contributed to his campaign in conjunction with this event.  COAST is calling on Driehaus to disclose what was discussed.

"Driehaus tries to make Oberstar's visit appear to be beneficial to the community," said COAST Chairman Jason Gloyd.  "But if it were so beneficial, I'm a little confused as to why Oberstar's entire visit was closed to the public."  Gloyd continued, "This is exactly what is wrong with Washington.  You have an influential member of Congress visit, you hold private meetings where government contracts could be discussed with the very contractor that may benefit from these government contracts, and then you turn around and possibly raise money from these contractors?"

"This entire visit reeks of pay to play.  Steve Driehaus should disclose what was discussed and who was involved with the fundraiser," Gloyd said.  "If the Driehaus campaign is using local transportation projects as leverage for fundraising, then they need to be held accountable for their actions."

Hook, Line and Sinker

Guest article by Edmund Adams.

Sometimes he who takes the bait also gets the hook. That could happen to First District Congressman Steve Driehaus.

Representative Driehaus signed off on the health care bill when President Obama issued an executive order that purported to prohibit the federal funding of abortions. Whether the executive order did so is a matter of intense debate. If it did not, Driehaus has armed his challenger, Republican Steve Chabot, with a campaign issue potentially more decisive than Driehaus’s vote for Obamacare generally.

Both Driehaus and Steve Chabot are avowedly pro-life. Both are Catholics who attended Catholic high schools, Driehaus Elder and Chabot LaSalle. The First Congressional District remains heavily Catholic, although gerrymandering and changing demographics have whittled down that predominance.

While the polls show the country somewhat evenly divided on the pro-life, pro-choice issue, that’s not so with respect to abortion funding. Ohio Right to Life’s polls show that a surprising 72% of Ohioans oppose taxpayer funding of elective abortions. That’s what makes the question whether Obamacare funds abortions so critical in this year’s First District race.

Having been bounced from office by Driehaus in the 2008 Democrat landslide, Chabot had no vote on the health care bill. No one doubts, though, how the conservative Republican would have voted.

Driehaus, on the other hand, held out, along with Congressman Stupak and other pro-life House members, until the 11th hour, when President Obama rode to their rescue with an executive order that purportedly nullified any abortion funding in the health care bill. As explained in Driehaus’s website:

“I worked with my Congressional colleagues and the Administration to ensure that no federal funding will be used for abortion. The President’s executive order clarifies existing law and ensures that federal subsidies will not pay for abortion services.”

The Congressman’s website statement presents two critical issues: Did the health care bill provide for abortion funding and, if so, did the President’s executive order negate that? One relevant view is what the candidates’ own bishops have to say about that. The General Counsel of the U.S. Conference of Catholic Bishops in a scholarly legal analysis concluded that:

• The health care bill appropriates $9.5 billion for services at Community Health Centers that may be required to be used for elective abortions.

• The bill also provides tax credits for, and therefore subsidizes, health care plans covering elective abortions.

• Because an executive order cannot amend or contradict Congressional legislation, the President did not have the power to prevent the federal funding of abortions.

With his fingers controlling the temperature knob as this campaign progresses, Chabot will have the opportunity to ratchet up the heat on Driehaus’s Congressional seat. Chabot can do so by advising a public overwhelmingly opposed to taxpayer funding of abortions that according to the candidates’ own bishops that’s precisely what Driehaus voted for when he took the President’s bait, hook, line and sinker.

Edmund Adams is a retired attorney living in Columbia-Tusculum.

November is Coming

Driehaus' votes are bankrupting America

Please join COAST at the Americans for Prosperity BUS (not streetcar) tour to remind voters that "November is Coming" and what Steve Driehaus has done to harm us in Washington

this Saturday, July 31 at 10 AM in Winton Woods

Congressman Steve Driehaus voted with Nancy Pelosi for a government takeover of health care, the failed economic stimulus bill and the job-killing cap-and-trade bill.  These votes will bankrupt America.

Now you can join Americans for Prosperity and its November Is Coming bus tour (no rails at all) and help educate fellow citizens about Steve Driehaus's voting record on key issues.  This Saturday, July 31 at 10:00am at Cottonwood Meadow in Winton Woods join COASTers at the Cincinnati stop of the Americans for Prosperity BUS (not streetcar) tour and learn which Driehaus votes are bankrupting America and put pressure on him to stand up for taxpayers. 

What: November Is Coming BUS (not streetcar) Tour, Cincinnati
When:  Saturday, July 31, 10:00am
Where:  Cottonwood Meadow, Winton Woods, 10245 Winton Rd., Cincinnati, OH 45231 (click here for a map of the park)

This event is free and open to the public. Click here to register. Registration is appreciated, but not required.

Bring out your family and friends for great speakers, free food, free T-shirts and the opportunity to help save your children's future from out-of-control spending and debt from trolleys and such.

Driehaus aide convicted of election fraud

Media again hides dirty democrat secret

Local Enquirer readers in October and November learned about a paid campaign worker for the pro-casino, Issue 3 campaign’s conviction for election fraud.  What the local media failed to report was that this felon was instrumental in the 2008 election of Steve Driehaus to the United States Congress.  COAST wonders if the remainder of his campaign is as dirty.

Walter Sullivan, a worker for a vendor promoting State Issue 3 legalizing four casinos in Ohio, was caught in October of falsifying multiple absentee ballot applications as a first step toward stuffing the ballot box.  In December, he pled guilty to five  felony charges and was placed on two years of probation by Hamilton County Common Pleas Court Judge Pat DeWine.

What the media refuses to report, however, is that Sullivan was part of the democrat machine that helped elect democrat Steve Driehaus to Congress.  Read his resume here where Sullivan lists his employment with the Driehaus campaign.

On his myspace page, Sullivan calls himself “’Nati Thug” and brags of association with the Obama campaign, ACORN  and the Democrat Congressional Campaign Committee (http://www.myspace.com/nati_thug ).  One listed group, Grassroots Campaigns, who hired him starting in August of 2008, lists both the DCCC and ACORN as clients (http://grassrootscampaigns.com/clients.php ).

Driehaus Buys Into PelosiCare

Photo courtesy of The Whistleblower Newswire and Award-Winning Photo Illustrator Artis Conception

Displaying slavish loyalty to House Speaker Nancy Pelosi, Westside Congressman betrayed his conservative constituency and voted “yes” on November 7 to PelosiCare in the US House of Representatives. COAST hopes this is the nail in his coffin against limited government hero Steve Chabot.

If you're still on the fence regarding this healthcare money grab, our friends at the Cincinnati Tea Party remind us that:

On Nov. 2, the Congressional Budget Office estimated what the plans will likely cost. An individual earning $44,000 before taxes who purchases his own insurance will have to pay a $5,300 premium and an estimated $2,000 in out-of-pocket expenses, for a total of $7,300 a year, which is 17% of his pre-tax income. A family earning $102,100 a year before taxes will have to pay a $15,000 premium plus an estimated $5,300 out-of-pocket, for a $20,300 total, or 20% of its pre-tax income. Individuals and families earning less than these amounts will be eligible for subsidies paid directly to their insurer.

• Sec. 202 (p. 91-92) of the bill requires you to enroll in a "qualified plan." If you get your insurance at work, your employer will have a "grace period" to switch you to a "qualified plan," meaning a plan designed by the Secretary of Health and Human Services. If you buy your own insurance, there's no grace period. You'll have to enroll in a qualified plan as soon as any term in your contract changes, such as the co-pay, deductible or benefit.

• Sec. 224 (p. 118) provides that 18 months after the bill becomes law, the Secretary of Health and Human Services will decide what a "qualified plan" covers and how much you'll be legally required to pay for it. That's like a banker telling you to sign the loan agreement now, then filling in the interest rate and repayment terms 18 months later.

• Sec. 59b (pp. 297-299) says that when you file your taxes, you must include proof that you are in a qualified plan. If not, you will be fined thousands of dollars. Illegal immigrants are exempt from this requirement.

• Sec. 412 (p. 272) says that employers must provide a "qualified plan" for their employees and pay 72.5% of the cost, and a smaller share of family coverage, or incur an 8% payroll tax. Small businesses, with payrolls from $500,000 to $750,000, are fined less.

Driehaus sides with big-spenders with votes on stimulus, cap and trade and health care

Removes any doubt about liberal leadings

Freshman Congressman Steve Driehaus takes a sharp left turn

Freshman Congressman Steve Driehaus has clarified any question about whether he would be a lockstep liberal in Washington or reflect the conservative values of his district. In nation-changing vote after vote in Washington, he has consistently sided with the Nancy Pelosi left-wing of the democrat Party.

During the 2008 campaign, Steve Driehaus campaigned as a fiscal conservative; however his voting record thus far in Congress has been an abysmal display of his true values as a tax-and-spend liberal.

In February, Driehaus voted in favor of the trillion-dollar “stimulus” package that was supposed to keep unemployment below eight percent. What are the current results of this bill? How about a national unemployment rate of 9.5 percent coupled with an unemployment rate of 11.2 percent in Ohio… so much for those shovel-ready, job-creating projects.

As self-proclaimed fiscal conservative, one would have thought that Steve Driehaus would have opposed the $3.6 trillion budget that was passed in April. Well, that hope would have been misplaced as Driehaus voted for the budget and help set our country on a course for the biggest deficit in our nation’s history.

As if the stimulus vote and the budget votes weren’t enough, Driehaus again caved to the pressures of Nancy Pelosi by voting in favor of the Cap and Trade bill that passed the House in June. Driehaus even admits that this bill will cause the local consumer at least a 5-10 percent increase in their energy bills.

Steve Driehaus has lost all credibility as a fiscal conservative and we have a good feeling that voters will take notice of this next November. His own constituents hammered by his own constituents at this Town Hall meeting. Maybe a one-termer?

Driehaus STILL Refuses to Disclose Pork

Despite efforts of COAST and the Cincinnati Tea Party, Congressman Steve Driehaus still refuses to disclose the pork he inserted into the House budget bill. The arrogance of power, even among the newly-elected is astounding. We will remember.

COAST and Cincinnati Tea Party Join to Expose Driehaus' Pork

We intend to learn what Steve Driehaus is hiding from

COAST urgently needs your help to expose the latest action of liberal democrat Steve Driehaus in Washington.

Of all the outrages of pork barrel spending in Washington today, one of the most shocking is that of new Cincinnati Congressman Steve Driehaus, who is brazenly breaking the new rule requiring him to disclose his requests for pork to the House Appropriations Committee. (Read Cincinnati Enquirer article on this topic here).

COAST has joined with Mike Wilson and the Cincinnati Tea Party to expose this betrayal by Driehaus in two important activities intended to convince Driehaus to tell his own constituents how he is spending our money in Washington:

• First, we have created an on-line e-petition to Mr. Driehaus letting him know that we know what he is up to in Washington and that we do not like his games with our money. We demand by this petition that he disclose his earmarks. Click here to sign the petition.


• Second, we have scheduled a "Tele-Town Hall" for tomorrow night to call every single household in Mr. Driehaus' district to inform them of the duplicity of Mr. Driehaus and to ask these voters to sign the on-line e-petition to Mr. Driehaus. The Tele-Town Hall is a relatively new tool designed to electronically gather citizens in their own homes to inform and motivate them into action. We see it as a perfect tool to educate the district on Driehaus' concealment of his actions in D.C. Click here to donate for this Tele-Town Hall.

Under pressure from voters, Congress recently enacted a new rule requiring all congressmen to clearly display appropriations requests made by their office. Driehaus is one of only three members of the House to fail to comply with these rules that are intended to increase the transparency of the appropriations process.

That's right, in the midst of this spending orgy from Washington, Steve Driehaus is one of only three Congressmen openly thumbing their noses at the public. Instead of disclosing his earmarks, Driehaus has cynically listed all of the requests for funding to his office, including a $515,000 request from the National Underground Railroad Freedom Center, a $10 million request from the Metals Affordability Initiative in Connecticut, and a $5 million request from the Water Research Foundation in Colorado. Driehaus' actions say loudly that he does not think his constituents are entitled to learn if he actually made these foolish requests, and others.

We need your urgent help with these projects:

1. First, please click here and sign the on-line petition to Mr. Driehaus.


2. Second, click here to make a generous contribution to fund the Virtual Town Hall tomorrow night. Right now, the budget for this project is $3,500. This is a modest sum, but COAST and the Cincinnati Tea Party had not set aside funds for this emergency. So, we had a choice. Either we could ignore Driehaus' betrayal of his own constituents, or we could commit to this undertaking trusting our donors to come to our aid. Because COAST exists for just these moments, we have committed to action.

Addressing this topic, COAST Chairman Jason Gloyd said "clearly, by hiding his activities from his constituents, Congressman Driehaus is thwarting the very transparency in government he claims to champion." In an ironic twist, when you visit Steve Driehaus' website, you cannot find the earmark requests he is required to post, but you can find a video that according to the website shows "Rep. Driehaus pushing for increased openness, efficiency, and accountability in government." Can you say hypocrite?

As Ronald Reagan so eloquently said: "When you can't make them see the light, make them feel the heat." Let's put some heat on Congressman Driehaus. Please help.

Your donation of even $50, $75 or $100 will help us fund this important initiative to expose Steve Driehaus' cynical deception. Please give generously. Click here to donate securely online using any credit card or bank account.

Steve Driehaus shows his hand:

Yet another big-spending Democrat

For years, Steve Driehaus has claimed to be a “conservative” democrat, and has campaigned telling his constituents that he has west-side, fiscally conservative values. Well, the new Congressman was tested with his first major vote – on the bloated $819 billion stimulus bill. He voted “yes.”

The Enquirer asked Driehaus about his inaugural vote and he cynically declared: "I take very seriously the notion that we should be balancing budgets," he said. "But when we are facing an economic crisis as bad as this, there is little choice but government intervention."

Um-hm, the big spenders always have a reason, don’t they. Expect more of the same from this traditional tax-and-spend democrat.