Information Regarding Palmer Place Regulations

To the Students of Ohio University and the Residents of Palmer Place: It is unfortunate that the management of Palmer Place has issued a last minute set of new rules with the obvious intent of limiting the activities which will be permitted at your upcoming “Palmer Place Fest.”

Sadly, the lines between what is permitted in a civil law matter can be confused where there is the potential for criminal charges being filed.

Below are some guidelines that will hopefully help you better understand the implications of these new regulations.

1.) Although it may go against the reason you rented your apartment, a landlord does have the right to issue restrictions about the use of a common area. A landlord may also restrict the number of persons in a common area (such as on a balcony), so management does have the right to restrict access in the courtyard. Regrettably, they have the right to do this at the last minute and they have the right to charge persons who violate this rule with CRIMINAL TRESSPASSING.

2.) We believe that the restriction of the number of guests in any particular apartment may not be permissible unless there is something specific in your lease at the time of the signing which would allow for that restriction.

3.) We do not believe under any circumstances that the police, or security agents, or undercover agents have an unlimited right to enter your apartments without your permission, and any attempt by those persons to do so could result in their liability to you for civil damages. However, keep in mind that if the police witness criminal activity taking place in your apartment, they may charge you with crimes and, of course, Nuisance Party Ordinance, they may order you to shut your party down.
In summary, it looks like you may have small parties, like any other weekend, but management has effectively shut down your right to have a “fest.”

Some of you may ask if you have any remedy for this last minute and one-sided “new rule.” With that in mind, these may be some options:

1.) Sue the complex if they held out “Palmer Place Fest” as an enticement for your signing the lease.

2.) Urge future students to boycott the complex.

3.) Create a committee to work with Palmer Place management in the future to determine if there are ways to hold a fest without causing the damage that has been used to justify the last minute imposition of their rules.

REMEMBER: For your own welfare, and to avoid criminal charges, we urge that you respect the new rules, keeping in mind that you do NOT have to give consent for unlawful entry of your individual apartments. We encourage you to check our website and to follow the law and obey the orders of the police.

Join our Board!

Are you interested in non-profit management or law school? Join the Center for Student Legal Services Board of Directors!

Members of our Board coordinate events, shape the strategic mission and determine the budget for a non-profit law office that has served Ohio University students for 15 years! Interested students can send a resume and cover letter (as well as any questions about the position) to Board Chair, Tracy Kelly, at tk381500@ohio.edu by 5pm, March 1st.

The Legal Services Fee is $12 You Can’t Afford to Waive!

Are you subleasing this summer or finalizing your housing arrangement
for next year? Are you concerned about getting your deposit back from
your current landlord? The Center for Student Legal Services (CSLS)
can help.

Not only can CSLS help you get back your deposit, we have free
subleasing / rental information, co-tenant agreements and much more to
improve your off-campus experience. We also offer full lease reviews
with our civil attorney to help you make the best choice for next
year, as well as roommate mediation if you’re experiencing a conflict
in your house / apartment.

Did you waive your $12 per semester legal services fee? No problem!
You can re-enroll confidentially by visiting the following site:
http://www.studentlegalrights.org/re-enrollment-form/
This small fee provides you with unlimited access to criminal and
civil representation to help you protect your money and rights -
including identity theft, misdemeanors and consumer fraud.

Call us at (740) 594-8093, check out our website
http://www.studentlegalrights.org/ or visit our office at 50 South
Court Street Suite D (above College Bookstore) and let us protect your rights!

Students are NOT Always Eligible for Public Defenders

Many college students assume that they are eligible for access to a
public defender if they find themselves in legal trouble. Due to a
recent court verdict, however, this will no longer be the case for
many OU students in Athens County.

Last week, Athens County Municipal Court Judge William A. Grim denied
a 21-year-old Ohio University student access to a public defender for
criminal charges due to financial ineligibility.

The student requested a lawyer from the Ohio Public Defender’s Athens
office to defend her on misdemeanor charges.

Judge Grim’s ruling states that, because the student’s parents pay for
her tuition costs and rent, include her in their health-insurance
policy and claim her as a dependent on their income taxes, she is a
member of their household.

The OU student had chosen not to participate in the Center for Student
Legal Services (CSLS) plan which is offered to OU students for $12 per
semester.

The CSLS plan offers unlimited access to legal advice and
representation for misdemeanors, landlord/tenant disputes, identity
theft, consumer issues, mediation, notary services and more. There are
no financial eligibility requirements for participation and payment of
the $12 per semester fee can be made via the student’s e-bill, via
cash in the CSLS office (50 South Court Street, Athens) or on our
website via Paypal
(http://www.studentlegalrights.org/re-enrollment-form/).

For more information about our services, call our office at (740)
594-8093 or email us at csls@studentlegalrights.org.

For more information about the Athens Court verdict, visit the
following link:
http://woub.org/2013/01/17/judge-denies-public-defender-ou-student

Help Support the Center for Student Legal Services!

The Center for Student Legal Services is a non-profit law office
created specifically to educate and protect Ohio University students
in matters related to identity theft, landlord / tenant issues,
alcohol consumption, contract reviews, traffic violations, misdemeanors, and more.

Funded only by a $12 per semester enrollment fee, we offer two
full-time attorneys and a trained mediator on an unlimited, year-round
basis and we’re asking for your help to support our mission of legal
awareness and social responsibility.

The Center for Student Legal Services is able to accept donations via
PayPal on our homepage and all contributions will be used to
support the educational programming, publications, court-room
representation and legal advice that we provide to over 3,000 Ohio
University students every year.

Please donate today and help us create a safer and more responsible
community for all Ohio University students!

Enrollment Deadline Extended!

Interested in getting access to CSLS lease reviews, tenant advocacy services, identity theft representation, alcohol offense representation, mediation and more?

The Center for Student Legal Services has extended its $12 per semester enrollment deadline! The $12 fee can be added to your tuition bill, or paid via cash / check in our office at 50 South Court Street Suite D (above College Bookstore).

CSLS has already saved  OU students roughly $38,000 on civil matters this year and the $12 service fee will provide you with unlimited access to our criminal and civil representation to help you protect your money and rights.

Call us at 740-594-8093 above to verify your enrollment or re-enroll if you have accidentally waived access to our representation.

Off-Campus Housing Advice: An Interview with Staff Attorney Melissa Greenlee

Melissa Greenlee, staff attorney at The Center for Student Legal Services, is an alumna of Ohio University. She began her career as a social worker in Southeast Ohio. Liking the idea of empowering individuals, she decided to study law. She graduated from Cleveland-Marshall College of Law. As the CSLS Staff Attorney, Melissa practices civil law and educates students of their legal rights. Her experience in fair housing and consumer protection rights has made her an expert on student rights in the housing market. Here is some advice from Melissa on signing a lease, moving in and out of off-campus housing and protecting your security deposit.

What should students do before signing a lease? They should talk to the current tenants, you can learn a lot about the property and landlord from them. Ask them about the utilities because it will give you a good idea about what the cost will be.

Is there any “red flags” that a student should watch for before signing a lease? Understanding when rent is due is a priority; if you pay it late, there is a penalty which will affect both you and your roommates. Also, know your roommates and make sure they are reliable; if one person doesn’t pay rent or bills, everyone is liable. Knowing your roommates will also be helpful in establishing who is responsible for what and that people don’t plan on moving out mid-year. If there are things on the lease you don’t understand, bring it to our office and we will review it. Also, it is important to make sure that any promises the landlord has made are in writing, so that they are guaranteed.

Are there any steps you should take when moving out to help ensure the return of your security deposit? Make sure you completely vacate the property, take all of your stuff out by the appropriate date. Returning your keys to the landlord and leaving them with a forwarding address is also important. I always tell students to clean their property better than when they moved in and then take photographs for evidence. This could include paying to have the carpets cleaned so they don’t smell. I would also ask the landlord if they could do a pre-walk through to help address any problem areas before you move out.  These steps will help you and your roommates get the security deposit back.

What about moving in? Again, take video and pictures of specific problems. And, if there are problems, see CSLS immediately. We will put those in writing to make sure everything is clear.

Be sure to visit the CSLS website at www.studentlegalrights.org, or stop by the office at 50 S. Court St. Suite D (above College Book Store) for any questions or concerns about housing issues.

–Kari Nickell, CSLS Marketing Intern

Having Drinks with Mom This Weekend?

While some Ohio University students and their parent(s) eagerly await the opportunity to share the bonding ritual of having a few drinks together in a college bar, it is unfortunate that Mom’s and Dad’s Weekends are ruined for some families when the underage student is later arrested by the police for being under the influence of alcohol. Ultimately, this situation usually occurs when the parent has left the bar and/or gone home early and the student is no longer under “parental supervision”. There are three elements to the charge of underage drinking: possession, consumption and being under the influence in a public place. Any of these components by themselves or any combination thereof can result in a citation and/or arrest by the police. Even though Ohio law allows the student to avoid the consequences of being charged with underage possession or consumption of alcohol when the parent purchases the drinks, the student still faces the danger of being charged with “being under the influence” of alcohol in a public place when a parent is absent. Here is an example from a previous Dad’s weekend:

A student and her father were drinking together at one of the uptown bars. The student had consumed a “few” drinks, but she says she did not drink enough to be obviously impaired. The dad and daughter parted ways when he went home and the student and her friend walked to their residence hall. During their walk, the student allegedly made a rude gesture at a passing car, prompting a nearby police officer to approach and ask her if she had been drinking. The student admitted her age and that she had consumed alcohol with her father. She was cited with underage because she was believed to be intoxicated in a public place and not under the supervision of her parent.

Fortunately, the Athens City Prosecutors will usually dismiss such cases where it can be proven that the parent did purchase the alcohol and consume it with the student, but the student has to pay the court costs ($104.00) to have the case dismissed.

If have drinks with your mom this weekend and are later stopped by police after you’ve gone your separate ways, make it known to the police officer right away that your parent provided the alcohol.

In any other case, you must remember your legal rights when approached by the police. Under the Fifth Amendment, it is well within a citizen’s right to refuse to answer questions when approached by police. You can simply say, “My name is Jane Smith and I live at 123 Any Street (give your REAL name and address, of course!). I do not want to answer any more questions without my attorney present”. This can further protect you from being convicted if you are arrested. If you readily admit that you are under 21 and you have been drinking, it just gives the police more evidence to convict you. Not incriminating yourself can only help you in the long run. See our flier: “Survival Tips for Court Street” for additional practical advice.

Patrick McGee, Managing Attorney

Heidi Sochia, Program Coordinator

Living in Off-Campus Housing? Be Aware of the Dangers of Illegal Media Downloading

In 2007, thousands of college students, including about 100 from Ohio University, were sued by the Recording Industry Association of America (RIAA) for illegally downloading music from file sharing internet sites such as LimeWire and Kazaa. Although most law suits were filed in Federal Court in Columbus or Cincinnati, The Center for Student Legal Services provided advice and assisted students in obtaining settlements with the record companies. Now, the Motion Picture Association of America and individual movie studios are following in the RIAA’s footsteps and going after people for illegal movie downloading.

In 2011, nearly 50,000 were accused of illegally downloading one of two movies, The Hurt Locker and The Expendables. To find out the identities of the people, movie studios hired law firms to issue thousands of “John Doe” subpoenas to internet service providers such as Verizon, Time Warner Cable and Earthlink, asking them to provide the IP addresses of the individuals engaging in illegal downloading activity. Most of them complied and handed over about 50 to 100 IPs per month. This strategy is tricky and often unfair because tracking illegal downloading through IP addresses doesn’t take into account that more than one person likely uses the computer(s) linked to that IP address. Also, more than one residence can be linked to one IP address, such as in a duplex or apartment building. (reference: http://money.cnn.com/2011/06/10/technology/bittorrent_lawsuits/index.htm)

The  RIAA  used the same strategy to identify illegal music downloads and in those cases, Ohio University was asked to turn over the IP addresses of students who illegally downloaded music using the Ohio University network. The same can happen with movie studios that are out to find individuals illegally downloading movies. In 2007, The Motion Picture Association of America (MPAA) compiled a list of the top 25 schools that engaged in movie piracy and Ohio University was number 18 on the list. (source: http://arstechnica.com/tech-policy/news/2007/04/mpaa-names-its-top-25-movie-piracy-schools.ars).

In response to the 2007 file sharing lawsuits, Ohio University has de-prioritized file sharing programs on their network, making it more difficult to illegally share copyrighted files. They have also implemented technology that detects copyrighted content and redirects students to a legitimate method to obtain the desired media.

But if you live off campus and use an outside internet service provider, you should be especially aware of these lawsuits and remember that you can be sanctioned by the university for violation of Policy 91.003 – Computer and Network Use. Specifically:

“Misuse of computing, networking, information, or World Wide Web resources may result in the loss of computing privileges. Additionally, misuse can be prosecuted under applicable statutes. Offenses that are in violation of local, state, or federal laws may be reported to the appropriate university and law enforcement authorities. Users may be held accountable for their conduct under any applicable university or campus policies, procedures, or collective bargaining agreements. Complaints alleging misuse of computer resources will be directed to those responsible for taking appropriate disciplinary action. Reproduction or distribution of copyrighted works, including, but not limited to, images, text, or software, without permission of the owner is an infringement of U.S. Copyright Law and is subject to civil damages and criminal penalties including fines and imprisonment. Violators will be subject to university rules and regulations.” (source: http://www.ohio.edu/oit/security/copyright/)

Although most students settled their music downloading cases to avoid a lawsuit, the settlement price was still high, much higher than if they would have just purchased the music in the first place. The moral of the story? Just buy the movie.

Heidi Sochia, Program Coordinator
Contributors: Patrick McGee, Managing Attorney

Become a Board Member!