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Do IT this week: Layering
20-year-old files for council seat, despite being underage
By Stephanie Warsmith
Beacon Journal staff writer
Published on Friday, Feb 20, 2009
Brett McClafferty soon will legally be able to buy beer. But he won't be old enough to run for Streetsboro City Council.
McClafferty filed petitions with the Portage County Board of Elections on Thursday to run for an at-large council spot, expecting that he won't be allowed on the ballot.
Streetsboro voters adopted a charter amendment in November 2007 that requires council and mayoral candidates be at least 23 years old. This was after McClafferty — then 19 — came one vote short of his goal to get on the ballot to run for mayor.
Now McClafferty, who will turn 21 on March 9, is prepared to challenge the age requirement, which he thinks is discriminatory. If the elections board refuses to certify his candidacy Tuesday, he plans to file a federal lawsuit.
''I'd like to see the courts acknowledge this law is unconstitutional and arbitrary,'' said McClaf
ferty, a Cleveland State University student. ''I think this is a fight for young people across the country. It's a slippery slope. If you acknowledge an age requirement is legitimate, there is no reason all municipalities can't start adopting them.''
McClafferty said it could get to the point where only ''50-year-old, straight, Christian males'' can get on the ballot.
In Ohio, a person must be 18 — and registered to vote — to run for most state and local offices. There are higher age requirements for president and Congress and — in many other states — for statewide seats.
Civil-rights attorney
Avery Friedman, a Cleveland civil-rights attorney, CNN legal correspondent and law professor, is representing McClafferty. He took the case after McClafferty sent him several albums full of newspaper clips and photographs chronicling his quest to achieve public office.
''I absolutely adore this case,'' Friedman said. ''To me, the legal issue is more intriguing than Brett's very colorful personality. In a nation that prides itself on equality and fairness, to think that an American could be barred from being a political candidate because of age strikes me as inconsistent with the Constitution.''
Friedman and his client both question why the charter review commission decided on 23 as the cutoff.
''You have to be able to prove that a 23-year-old high school dropout is more qualified than a 22-year-old college graduate,'' McClafferty said.
Friedman also has a problem with how the age requirement was lumped into a charter amendment with two unrelated issues, appearing on the ballot under the header ''criminal conviction.''
''Do the majority of 'Streetsborites' believe what they did here makes sense — much less is proper?'' he asked.
Stephen Michniak, a former Streetsboro City Council president who chaired the city's charter review commission, told the Beacon Journal in 2007 that commission members decided on 23 because this would give candidates five years to go to college, work or serve in the military after high school. By this time, they thought, candidates would have more ''life experience,'' Michniak said.
Michniak, an assistant Portage County prosecutor, said he regretted having the age requirement lumped in with issues requiring candidates to file a criminal-conviction disclosure form and reducing the period that candidates must live in the city.
Nearly 59 percent of Streetsboro voters approved the charter amendment.
Denise Smith, who heads the Portage County prosecutor's civil division and advises the elections board, said the board — based on its investigatory authority or on a protest — ''would have to make a decision on whether he [McClafferty] complies with the charter.''
''I couldn't speak for the board on what it would do,'' she said.
Smith said she also couldn't discuss what her advice to the board would be because that falls under attorney-client privilege.
Norman Sandvoss, the board's chairman, called McClafferty ''a breath of fresh air.'' He said it would be inappropriate for him to comment on what action the board might take.
Countywide race
After losing the Streetsboro mayoral primary and failing to defeat the charter amendment, McClafferty ran for Portage County commissioner. He lost in the March Democratic primary to incumbent Christopher Smeiles, who claimed about 59 percent of the vote.
''It may look like I'm jumping around, but my goal is to serve the city of Streetsboro,'' said McClafferty, who soon will open a Pulp Juice and Smoothie Bar on state Route 43 in Streetsboro — across from city hall — with his family. ''I don't think the legislative body and administrative body have been living up to their potential.''
If the lawsuit is filed, Friedman said, it would be a landmark case that could garner national interest.
''I see this as a citizen's struggle to overcome an unfair government obstacle,'' he said. ''Whether Brett is the Rosa Parks of Streetsboro remains to be seen. Certainly, it's the same process. Rosa wanted to take a bus ride. He wants to be a candidate.''
Stephanie Warsmith can be reached at 330-996-3705 or swarsmith@thebeaconjournal.com.
Brett McClafferty soon will legally be able to buy beer. But he won't be old enough to run for Streetsboro City Council.
Get the full article here.
Comments
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rootstown, oh
Posted 03:56 AM, 02/20/2009
i'm sure if this country can send 18 yr. old kids to kill people in the name of a war on terrorism,i think brett could do ok on the streetsboro council.he seems more mature than dubya.go young man.when you're done there,come down to akron.
munroe falls, oh
Posted 05:23 AM, 02/20/2009
I am All For Brett. This young man shows the
zest and confidence we need in new candidates for
any office. It sounds like the old school Portage
County officials are trying to stop him cold. What
next? When he turns 23 sneek another amendment in
so he has to be 30? Time to stand up for our rights
and get rid of the corruption in Portage County
government from the top down.
akron, oh
Posted 05:59 AM, 02/20/2009
Yep get it done while youre young. While you still know everything about life. From reading it in a school book....
Bizarrebertucky, OH
Posted 08:29 AM, 02/20/2009
The kid has more sense than the last president of the United States !
It shouldn't be about age,it should be about intelligence and integrity,of which our last president had neither.
Akron, OH
Posted 08:44 AM, 02/20/2009
I'm against the age restriction. Iff'n a young person is thought to have the necessary tools, by the voters, to do the job, then let them do it.
Posted 08:49 AM, 02/20/2009
If citizens can file frivolous lawsuits like this, what's next?
Where's the next 14 year old child prodigy who is enrolled in college, who is preparing a lawsuit regarding the arbitrary age limitations on obtaining a driver's license?
Where's the short 7 year old who is preparing a lawsuit against Cedar Point, accusing them of discriminating against short people (You must be taller than this line to ride this ride)?
Hey Brett! You don't seem to understand this, but there are valid reasons for minimum age requirements. What's your hurry? Think you're going to die before you reach 23? Cool your jets and learn as much as you can until then!
By filing this lawsuit, you demonstrate poor judgment and an immature, vindictive perspective. Not what we need in a public official!
Akron, OH
Posted 08:53 AM, 02/20/2009
Go Brett! It shouldn't be about age, but your ability to do the job. If they have a youngest age limit, then it's only fair put a limit on people OVER a certain age too!
Posted 08:53 AM, 02/20/2009
If citizens can file frivolous lawsuits like this, what's next?
Where's the next 14 year old child prodigy who is enrolled in college, who is preparing a lawsuit regarding the arbitrary age limitations on obtaining a driver's license?
Where's the short 7 year old who is preparing a lawsuit against Cedar Point, accusing them of discriminating against short people (You must be taller than this line to ride this ride)?
Akron, OH
Posted 08:59 AM, 02/20/2009
If it goes to court I hope you win. I think having an age for the U.S. President is discrimination too. I agree with toxic nut - if we can send an 18 year old to war to kill, then they should have full-right to run for any office in this country. Maybe someone young could do a better job than the folks in there now.
Anti-Politically Correct & Anti-GOP, OH
Posted 09:24 AM, 02/20/2009
This guy should be president. He's already showing he is much smarter than the last president....BOOOOOOSH!
Akron, OH
Posted 10:12 AM, 02/20/2009
Go Brett! Of course it's discrimination. If you can do everything else at 21, there is no reason you should not be able to run for office.
Filing to get what is right is NOT frivolous,Carbunkle(who can go back to playing shuffleboard at the senior center now).
Sounds like Streetboro---isn't this the same town(tho in this case it was the school board)who took a radio station off the air for a month or so due to a volunteer who happened to be in the same photo as an adult beveridge(tho they weren't drinking it or holding it).
Posted 10:46 AM, 02/20/2009
It's clear from the media coverage (and the comments on this post) that Brett has the public's support. Only ill-informed citizens content to let other people make decisions for them (e.g. Carbunkle) would say otherwise.
I'd like to point out that the only counter arguments against Brett (14 yr-old driving, or short person riding amusement park rides) are erroneous -- nice effort though CB.
The fact of the matter is, anyone can sue any one for anything -- that's how the U.S. Court System works. It's up to a judge to make this decision, but I doubt it will even get that far. If the elections boar rules against Brett then they're obviously not knowledgeable enough about the Constitution to hold their positions.
Akron, OH
Posted 11:14 AM, 02/20/2009
=====================
The article said:
Stephen Michniak, a former Streetsboro City Council president who chaired the city's charter review commission, told the Beacon Journal in 2007 that commission members decided on 23 because this would give candidates five years to go to college, work or serve in the military after high school. By this time, they thought, candidates would have more ''life experience,'' Michniak said.
=====================
Well Mr. Michniak,
Why not let Streetsboro-ites wait until they turn 23 to pay any city taxes.
That way they can get some 'life experience' to see whether it makes sense to contribute to the paying of your salary.
GO BRETT GO!!!
Cuyahoga Falls, OH
Posted 12:57 AM, 02/21/2009
How can politicians get life experience on how to waste tax dollars if we make them wait until they're 23 to run for office? They need this experience early on so they can effectively make up stupid charter amendments too.
rootstown, oh
Posted 06:09 AM, 02/21/2009
nice job overtaxed!you can't be part of the old- boy network in portage county if you're just 21.why do these same communities not hire a fireman if he is over 34 years of age.i guess by then you have had too much life experience.government hypocrisy.
