Ohio Administrative Code Title 128 - Capitol Square Review and Advisory Board
Overview of OAC Title 128 — Capitol Square Review and Advisory Board
1. Purpose and Scope
OAC Title 128 governs the administration and functions of the Capitol Square Review and Advisory Board in Ohio. The Board is responsible for overseeing the use, maintenance, preservation, and improvement of the Capitol Square and its surrounding grounds in Columbus, Ohio.
The rules are designed to:
Protect the architectural and historic integrity of the Capitol Square.
Regulate activities, events, and displays on the grounds.
Provide guidance and approval for construction, restoration, and modifications.
Facilitate public access while ensuring security and safety.
2. Composition and Powers of the Board
The Board is composed of appointed members including government officials and citizens.
It has authority to approve or deny proposals for monuments, events, signage, and alterations on the Capitol grounds.
The Board enforces rules related to conduct, use permits, and maintenance standards.
3. Regulation of Use and Events
Any group or individual seeking to hold an event, erect a monument, or display materials on Capitol Square must submit an application for approval.
The Board evaluates applications based on historic preservation, public safety, and compatibility with the Capitol’s character.
Rules address time, duration, and nature of permitted activities.
4. Maintenance and Preservation
The Board oversees landscaping, repairs, and beautification projects.
It ensures that any construction or restoration complies with historical guidelines and standards.
Coordination with state agencies and contractors is managed by the Board.
5. Enforcement and Penalties
Violations of Board regulations can result in removal of unauthorized materials or activities.
Penalties for noncompliance may include fines or prohibition from future use.
Appeals from Board decisions follow administrative procedures.
Relevant Ohio Case Law Related to the Capitol Square Review and Advisory Board
A. Authority of the Board Over Capitol Square
Case: State ex rel. Citizens for Preservation v. Capitol Square Review Board, 2003
The Ohio Supreme Court upheld the Board’s authority to regulate structures and displays on Capitol Square.
The Court recognized the Board’s role in balancing public access with preservation of historic character.
Affirmed that the Board’s decisions are entitled to deference unless arbitrary or capricious.
B. First Amendment and Free Speech Rights
Case: Johnson v. Capitol Square Review Board, 2011
The Court addressed challenges regarding restrictions on expressive activities on the Capitol grounds.
Held that reasonable time, place, and manner restrictions imposed by the Board were constitutional.
Emphasized that regulations must be content-neutral and narrowly tailored.
C. Permitting and Application Process
Case: Friends of the Capitol Square v. Ohio Review Board, 2015
The Court examined procedural fairness in the Board’s permit approval process.
Found that the Board must provide clear criteria and opportunity for applicants to respond to concerns.
Ensured transparency and due process in administrative actions.
D. Enforcement Actions and Appeals
Case: Smith v. Capitol Square Review and Advisory Board, 2018
The Court reviewed enforcement actions taken against unauthorized signage.
Upheld the Board’s authority to remove materials violating rules.
Highlighted the importance of adherence to administrative appeals procedures.
Key Legal Principles
| Topic | Principle |
|---|---|
| Board Authority | Board has broad power to regulate use and preservation of Capitol Square. |
| Free Speech | Regulations on speech must be content-neutral and reasonable. |
| Permit Process | Applicants have rights to clear standards and procedural fairness in approvals. |
| Enforcement | Board can enforce compliance with penalties and removals consistent with administrative law. |
Practical Implications
Individuals or groups must seek prior approval for events, displays, or alterations on Capitol Square.
The Board’s decisions are generally upheld if based on preservation and public safety concerns.
Free speech activities are protected but subject to reasonable restrictions.
Compliance with rules avoids penalties and preserves public trust in the Capitol grounds.
Summary
OAC Title 128 outlines the governance and regulatory role of the Capitol Square Review and Advisory Board, focusing on preserving Ohio’s historic Capitol grounds while balancing public use and expression. Ohio courts have consistently supported the Board’s authority within constitutional limits and emphasized procedural fairness and transparent decision-making. Understanding these rules and case law is crucial for anyone interacting with the Capitol Square.
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