Colerain Township told a resident to stop using its name. She filed a free speech lawsuit

A Colerain Township resident created a newsletter criticizing the township's government. In response, the township threatened legal action if she continued to use the name "Colerain."

Longtime township resident and frequent local government critic Carrie Davis filed a lawsuit Feb. 7 in federal court against the township, the board of trustees and the police chief. She said they violated her First, Fourth and Fourteenth Amendment rights.

She's asking the court to prevent the township from further restricting speech and to award her attorney fees and damages.

“[The township] intentionally intended to frighten and deter Davis from passing out critical pamphlets, frustrating the very activity of pamphleteering which the founders intended the First Amendment to protect," Davis' attorney wrote in court filings.

Colerain Township is northwest of Cincinnati, with a population of 59,200 and a median household income of around $69,500, according to the U.S. Census Bureau. The township is governed by a three-person board of trustees who run in nonpartisan elections.

Helen Tracey-Noren, a spokesperson for Colerain Township, said the township "categorically denies" the claims in Davis' lawsuit.

"At no point has the township violated any of Ms. Davis’ rights. The township will respond to the claims in more detail through its court filings," she said in a statement to The Enquirer.

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Davis said police chief confiscated pamphlets, refused to return them

According to her complaint, Davis brought pamphlets criticizing the government to a board meeting in January and left them on a table that the board allows people to use to distribute materials.

The pamphlets said "Colerain Council of Neighborhoods" at the top and "community newsletter" just below. The pamphlet described the group she formed called the Council of Neighborhoods and included complaints about the township executive team, a contract for a mall and a need for more speed humps and stop signs.

The pamphlets also included a logo similar to one the township has used.

Colerain Police Chief Edwin Cordie confiscated the pamphlets and refused to give them back to Davis when she asked, Davis said in the court filing. Cordie said he took the pamphlets because he considered them to be evidence of a crime: trademark infringement, according to the complaint.

Davis said in the filing that she called and asked Cordie to return the pamphlets to her. She said he repeatedly refused and said they were evidence.

Scott Sollman, the township’s law director, sent a cease and desist letter to Davis on Jan. 24 about her “unauthorized use of our township’s name, image, and likeness” and told her to “govern [herself] accordingly.”

“Failure to comply with this request may lead to legal action to protect the integrity and rights of Colerain Township. We believe in fostering positive relationships within our community and are confident that you will understand the importance of respecting intellectual property and local entities," Sollman said in the letter.

Cease and Desist Letter by CincinnatiEnquirer on Scribd

'Colerain is not Taylor Swift'

Davis' attorney said in the filing that no one can register or own a term like a township name.

"[The township] threatened Davis against using Colerain’s likeness. Colerain is not Taylor Swift. Colerain cannot stop people from using pictures of Colerain," he said in the filing.

The filing lists 15 businesses that include Colerain in their names, such as Colerain Family Dentistry and Colerain Cleaning Company.

The township has not trademarked "Colerain," according to a search of the U.S. Patent and Trademark Office database.

Erin Glynn is the watchdog reporter for Butler, Warren and Clermont counties through the Report For America program. The Enquirer needs local donors to help fund her grant-funded position. If you want to support Glynn's work, you can donate to her Report For America position at this website or email her editor Carl Weiser at cweiser@enquirer.com to find out how you can help fund her work. 

Do you know something she should know? Send her a note at eglynn@enquirer.com and follow her on X at @ee_glynn.

This article originally appeared on Cincinnati Enquirer: Ohio resident sues township for free speech violation