Shaker Heights Allows Taxpayers Union to Use Logo
Group previously filed a lawsuit against the city for unconstitutionally trying to quiet its campaign against the Aug. 7 income tax
A day after learning that the Shaker Heights Taxpayers Union filed a lawsuit against the city, Law Director Bill Gruber announced that the city would allow the opposition group to parody its logo on materials.
In May, the city sent a cease-and-desist letter to the group because it used the city's trademarked four-leaf logo, replacing two with dollar signs. At the time, Gruber said he didn't want residents to believe that the SHTU was affiliated with the city. The city also said continued use of the logo would result in a lawsuit.
The city later granted the group permission to use the logo solely online. Because of that agreement, Gruber said he was surprised to learn that the SHTU was suing the city for what it deemed an unconstitutional mission to quiet the group's campaign against the upcoming income tax increase vote.
"That was certainly not my intent or the city’s, and our interaction with the group can hardly be characterized as threatening or intimidating, as they allege in their suit," Gruber said in a statement issued Friday afternoon.
"The city certainly supports the rights of all citizens, including members of the Taxpayers’ Union, to free expression of ideas and opinions," Gruber said. "Recognizing this, and rather than creating any perception that I or the city are attempting to prevent the group from expressing its views, the city’s administration and I have decided to permit the group to use the logo, as altered, for the purposes of their political campaign.
"I hope that this will put an end to this litigation that benefits no one in the community."
Be sure to read Gruber's entire statement by clicking 'PDF' to the right.
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Paul Levin
4:40 pm on Friday, July 13, 2012
It is simply not enough for Mr. Gruber to say he will "permit" SHTU to use a parody logo in its campaign. Mr. Gruber still doesn't understand that this is a right that is constitutionally granted to SHTU. It is exercised as a right and not at the sufferance or whim of Mr. Gruber. Mr. Gruber is disingenuous. He needs to admit he was wrong from the start. His previous actions can't be seen as anything but intimidating and threatening and I do not believe it was not his intent to suppress free expression.
Mark Zetzer
2:35 pm on Saturday, July 14, 2012
I personally agree with you Paul, but such were the terms of the settlement. Hopefully Mr. Gruber won't change his mind about granting us permission. Otherwise we'll both have to waste even more time and money on what should have been a non-issue if the City had been minding its own business in a fiscal emergency.
Glinda Smith
12:08 pm on Wednesday, July 18, 2012
Not to change the subject, but if you don't like high taxes, why are you living in Shaker Heights?
Paul Levin
4:44 pm on Friday, July 13, 2012
On behalf of himself and the city, Mr. Gruber needs to publicly acknowledge that his actions were wrong and issue a full and public apology to SHTU and to the residents of Shaker, all of whom are tainted by his actions. Anything less should be reason for termination of his employment.
Mark Zetzer
2:53 pm on Saturday, July 14, 2012
That would be ideal, but I'm not holding my breath.
Brandon Baker
11:22 am on Saturday, July 14, 2012
Thanks for reading, Paul. That's a strong opinion. I'd be interested to see if others in the city or the SHTU itself feels similarly or would push for something like this. It doesn't look like it, judging by their Facebook page. "Justice is served ... Now, on with the campaign," it reads.
Paul Levin
11:33 am on Saturday, July 14, 2012
Thanks for your comment Brandon. Just for the record, I have supported mayor Leiken on the fiscal management matters and on the tax issue but I support the first amendment more. I felt it important to call out Gruber on this important issue.
Common Sense
12:08 pm on Saturday, July 14, 2012
I agree with Mr. Levin. This entire issue makes the city look ignorant and incompetent. An error of that caliber would result in a firing anywhere else. But most likely, he did not act on his own. Mayor Leiken approved the SLAPP letter and Gruber is just the fall guy. As a former corporate attorney, he should have known better. I guess that's why he turned to politics!
Paul Levin
2:47 pm on Saturday, July 14, 2012
To Mark: Thanks for your comment. But with due respect, the "settlement" is of no interest or import to me. What I want everyone to know is that you don't need Gruber's permission to exercise your First Amendment rights and he can't withdraw that which he had no power to grant or deny in the first place. He has sullied the city's good name and he should be gone.
Mark Zetzer
9:28 pm on Monday, July 16, 2012
I agree with you Paul, thanks.
Mark Zetzer
12:42 pm on Wednesday, July 18, 2012
Replying to Glinda Smith's reply, I've lived in Shaker Heights for 19 years because it's a great place to live. I never liked the high taxes but quietly tolerated them because I was better able to afford them. Since 2008, however, my family has suffered losses in wealth and income and have had to cut back significantly just to make ends meet. I'm only asking that the City do the same instead of raising taxes. I've examined the City's budget and found that they can cut spending to fit lower projected revenues without cutting essential services like police, fire and EMS and public works. So I find it disingenuous when the City threatens to cut to essential services if the tax levy doesn't pass. Such actions violate the public trust.