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Galluzzo (NON) Decision

Started by PACE, Feb 07, 2004, 02:07:42 PM

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On  January 23 Judge Magistrate Michael Merz issued his ruling in  Mike Galluzzo's federal case which had sought to find Ohio Rev Code §3109.04 and Civil Rule 75N unconstitutional. As this was a long fought for challenge and what seemed like an eternity in waiting for the decision, we had hoped that the Federal Court in Dayton would do what no other court had done so far and legally establish the EQUAL rights of every fit parent in Ohio and every state of the nation.

Merz did the most unthinkable act and what may go down in history as the BIGGEST NON-decision ever made by a Federal Court. After agreeing that the Federal Court system was the proper venue for this to proceed, he ruled that the argument was interesting and compelling but that parental equality should be sought through the legislature not the federal court system.

While it has been a ruling that has come as a slap in the face to all that have been involved and supported this challenge and the challenges in New York and Florida. It is NOT the end of the road. A motion for reconsideration has been filed as well as a supplement to that reconsideration filing. So again we wait.

At this time I want to thank all that have helped to get us this far, Bill Wood, Dan Lee, Chuck Evans, Mike Galluzzo, Harold Rosenberger (New York), Shawn (Florida) and Dennis Caron. Until you have stuck your neck out and attempted something this big, you can not grasp the scope of what this really means to society and to history.

This is a ruling that goes to the level of Brown v Board of Education and Roe v Wade when we start to talk about equal rights. Mike and Chuck and the rest of us have talked many times about the possible impact on history and have explained this issue to countless people across the country. Some have understood and many have not.

We will have this case decided in the courts and decided properly by the courts. The Fat lady may think she is ready to sing but there are a few gentlemen from Ohio, New York South Carolina, Tennessee and Florida that are telling her to sit down and shut up.

The (NON)Decision, And the Motions for Reconsideration are now loaded to the PACE website for all to view. Read them carefully.

Ray R. Lautenschlager
PACE Akron


Oh, I could just pound that judge.  If that was his opinion, why did he waste everyone's time listening to the case?  I think he learned the truth and wants to make equal paretning mandatory, but imagine the kind of harrassment he'd take from the other judges' and the DV groups if he helped install mandatory 50-50.  Maybe he just doesn't want the hassle so he's putting the ball in someone else's court!