By DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

LOGAN — “These are tribal businesses,” said Red Door Internet Café owner Marshal Lucas “Dancing Elk” on Wednesday. “The state has no right to regulate or has no jurisdictional powers over Indian trade.”

These strong words were spoken by Elk when he received news that the Ohio Senate approved a bill designed to put all of Ohio’s Internet cafés out of business.

“According to the Indian Gaming Act, the state has no jurisdiction and it’s a federal matter. I’m going to continue to operate on my behalf, the tribe’s behalf and tribe’s people’s behalf,” Elk noted. Ohio is home to some 800 plus Internet café businesses, which could soon be forced to close their doors. Elk has proclaimed to keep his storefront open regardless.

“To molest my commerce has been an ongoing violation of the Greenville Treaty and the U.S. Constitution,” Elk stated. “Basically it’s been an ongoing affair and I’m willing to stand by.” Elk is adamant in regard to the government trying to regulate the Internet café businesses and vows not to go down without a fight.

“I’m going to call my attorney and see where we stand,” he said.

Throughout the course of his business, Elk feels he’s been a target not only from the state, but also local government. His problems began when he relocated Red Door from his Spring Street address to 54 E. Main St., a building owned by Mike Nihiser.

Nihiser’s building was not in compliance with the Ohio Department of Commerce and after months of fighting, Elk was forced to move once again. He is now located at 44 E. Main St., in a building owned by Eastgate Properties.

However, that building now comes under attack, as the building owner has not yet applied for a change of use permit from the Ohio Department of Commerce. In a letter dated April 17 to the property owner, Logan Fire Chief Brian Robertson gave a 45-day notice to Eastgate Properties to apply for the change of use.

In addition to these problems, Elk now faces having his business closed once Gov. John Kasich signs the bill that was approved by the Senate on Wednesday.

Supporters of the bill to ban Internet café businesses have argued that the 800 plus cafes operating throughout the state are conducting illegal gambling operations, and Ohio Attorney General Mike DeWine and other law enforcement refer to the Internet cafes as a home to other illegal activity such as money laundering.

The bill was approved 27 to 6, and was not approved with an emergency clause, meaning café operators and software providers could attempt to collect signatures for an effort to overturn the bill. Some argue the state should regulate the businesses and collect taxes and fees rather than close them down.

Sen. John Eklund (R — Chardon) said they are all illegal gambling under the current law. Also before the House is a one-year extension of the moratorium on the opening of new Internet cafes, and more extensive registration requirements for owners who must file with the attorney general’s office, and is expected to be approved.

“Basically, laws are laws and our responsibility is to make sure they are followed,” said Logan City Mayor Martin Irvine.

The Red Door is the only Internet café within the city of Logan. This bill will not affect the Logan Skilled Games on Spring Street.

Glenford, OH on Saturday, March 13, 2010 the Traditional Indigenous peoples of Ohio met in Grand Council. The Indigenous population of Ohio include the Cherokee's, Lenape's, Mohican's, Miami's, Mingo, Ottawa's, Saponi's, Shaawnee's, Seneca's, Susquehanna's (and their associated Nations: the Nottoway's and the Notoweega's), Tutelo's, and the Wyandot's.

By DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

REYNOLDSBURG – After months of attempting to conduct building inspections at 54 E. Main St., Logan, and numerous complaints filed with the Ohio Department of Commerce, a hearing was held Tuesday in Reynoldsburg before the Ohio Board of Building Appeals.

The Board of Building Appeals is made up of four panelists: Robert A. Kerst, engineer; James Mulligan, fire service, chairman; Neil J. Giering, pipefitter; and Paul Beegan, architect. Attorney Alan Showalter represented the State of Ohio during the proceedings, with Geoff Eaton, Mike Taylor and Phillip Teal attending and giving testimony for the Department of Commerce, and Brian Robertson, Logan Fire Chief also giving testimony.

The panel deliberated for a few moments and voted 3-1 to uphold the adjudication order in which Nihiser must comply with the Department of Commerce and make application for plan approval with the department and allow access to the building for an inspection.

Also, no business can occupy or use the building until a certificate of occupancy has been issued. During opening statements, Showalter stated the State feels the building at 54 E. Main St., Logan, poses imminent danger because inspectors have not been able to gain access for an inspection. According to the Ohio Department of Commerce, building owners Michael Nihiser and his wife Vicki
Devol have been very reluctant in allowing inspectors into the building and have never filed an application for occupancy use change.

However, Nihiser stated he called Eaton on numerous occasions, but never received a return call. “I was trying to coordinate a time to meet, but it’s hard for me to get around,” Nihiser stated. “There were no return phone calls at all from Mr. Eaton or his office. I felt harassed. We have lived in the community all our lives.”

He also indicated he had made a public records request for several buildings in the downtown area of Logan, but never received anything in return. Mulligan reminded him those buildings had no relevance to the hearing.

Nihiser’s problems began when he leased the building to David Weber, who resides in the apartment located in the back of the building.

Weber’s intention was to open a teen center, Twilight Entertainment. However, because so many police reports were filed, and complaints filed with the Department of Commerce, the business was short-lived. Twilight Entertainment was a hangout for teenagers and many parents raised concerns of illegal activities and contacted local authorities. Once Twilight Entertainment closed, Weber, in turn, sub-leased the building to Dancing Elk, who relocated Red Door Internet Café to the site in September. However, that also was short-lived due to the many complaints and stop work orders placed on the building.

Throughout the hearing, Nihiser repeatedly stated Twilight Entertainment never opened for business, but there are Logan police reports indicating otherwise. When questioned about the Twilight Entertainment sign in the window, Nihiser referred to it as “signage.” He also stated numerous times that Red Door Internet Café never opened for business, although The Logan Daily News wrote several articles on the café and its opening.

When questioned about the two businesses being open, he kept asking inspectors, “How do you know  they were open? Did you see any customers? Did you see any money exchange hands?” “My lease is with Mr. Weber,” Nihiser stated. “If he sublet to Dancing Elk, he had no permission to do so. He had no permission to open a business without talking to the state or anyone. “If he (referring to Dancing Elk) opened a business, he did so without my knowledge or written permission, said Nihiser, who then specified that Weber could not sublet to anyone unless he had written permission from him or his wife.

Nihiser indicated he had no idea that the Internet café was opening or planning to open in his building. When asked how often he drives by his building, Nihiser replied, “Just about every day.” Beegan spoke up and asked, “Mr. Nihiser, you say you drive by your building daily or just about every day – didn’t you notice the Red Door Internet Café sign in the window along with the open sign?”
“It’s signage,” replied Nihiser. “Just because there’s a sign in the window, doesn’t mean it’s a business or that it’s open.”

As the testimonies proceeded, one of the biggest concerns raised by the Department of Commerce was the construction that was done while Dancing Elk was preparing to move his business into the building.

Concerns were raised of the new office structure built within the building as well as electrical issues. Nihiser indicated to the panel that Dancing Elk moved the office structure from his previous location and there was no electric installed on the office area.

However, when looking at state’s evidence photos, one photo clearly shows lighting along the top portion of the office structure and other areas as well. “Maybe it’s from an extension cord,” Nihiser stated. “Maybe he has an extension cord running from an existing outlet in that area.” Mulligan explained if that was the fact, it also is a code violation.

While Showalter questioned Teal and Taylor, Nihiser also had an opportunity to ask questions of the two inspectors. However, Nihiser kept alluding to other subjects not relevant to the hearing. Mulligan spoke up and reminded Nihiser several times, “Mr. Nihiser, you need to stick strictly to the testimony being presented and nothing more.”

Nihiser addressed the panel and stated he and his wife were out of the country during one of the visits from the inspectors, but felt he has done nothing wrong and was being harassed. The hearing continued for over three hours with testimony from both sides, but in the end, Nihiser stated, “This is a blue-collar Appalachian town struggling for business and if the business owner has to work with an architect to open his business, he can’t afford that.”

Nihiser spoke with Eaton after the hearing to discuss the procedure and his next step to assure the building is in compliance.

In the meantime, Red Door Internet Café remains closed to the public until further notice. The Logan Daily News attempted to reach Dancing Elk and Nihiser for a statement, but received no response.

By DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

LOGAN — A code compliance hearing has been scheduled for Jan. 29 by the Ohio Department of Commerce on a downtown Logan building owned by Mike Nihiser.

According to department officials, inspectors have been attempting to conduct an inspection on the building for months, but have been denied access.

Lynn Tolen, communications director for the Ohio Department of Commerce, said that Nihiser has been very uncooperative with inspectors as well as officials from the Logan Fire Department who are seeking to conduct inspections on the building.

“This has nothing to do with the business that is located in the building,” Tolen said. “It’s strictly on the building itself. The department knows there have been amendments made to the building, and they need to make sure the building is in compliance with all regulations.”

However, Nihiser told The Logan Daily News in a phone interview on Tuesday afternoon that he believes the hearing is about the renters wanting to open a teen center again.

“Didn’t you read the complaint?” he questioned. “Didn’t you get a copy of it? And, why is this so important?”

“They’re the ones that have to prove their case,” Nihiser stated, referring to the Ohio Department of Commerce. “I will see what they’re saying and then take it from there.”

Nihiser also said he questioned and requested information from the Ohio Department of Commerce on several other buildings in Logan that have changed occupancy over the years, but has received nothing to date.

“I requested a copy of at least six other buildings in Logan concerning building compliance and not having an assembly permit,” he said.

He requested information on the buildings presently occupied by Saving Hardware, Spotted Owl, Office City, the former Logan-Hocking Chamber of Commerce building, and others that have changed owners and building use over the years.

“How many inspections did the Ohio Department of Commerce conduct on those buildings throughout the years as they changed from business to business?” he questioned.

“The VFW used to be located in the building where Saving’s rental business is located now,” Nihiser said. “Did they need to have a change of occupancy when they moved in there? Were they inspected?”

“The old chamber office throughout the years was a dress shop at one time, a home, a dentist office, as well as other things — did they come down and inspect that building every time it changed occupancy? This is what you should be asking the department of commerce,” he said.

Nihiser’s building in question is located at 54 E. Main St. and is the home of the Red Door Internet Café & Arcade, which opened in September. Shortly after opening, though, the business closed its doors due to violations placed on the building by the Ohio Department of Commerce.

Red Door Internet Café & Arcade is owned by local resident Dancing Elk, who is sub-leasing the building from David Weber, who in turn leases the building from Nihiser.

Dancing Elk did admit to making some minor structural changes to the inside of the building, including painting the walls and constructing a non-stationary office area.

According to Tolen, the state is aware of the changes, but needs to inspect the building to make sure the structural changes meet all compliance rules and regulations.

When Dancing Elk closed his business in October, a note was placed on the door stating, “Closed until further notice. Sorry for the inconvenience.”

On Jan. 7, though, that note was replaced with a new one that said, “We will reopen after the 26th of January. Our doors have been closed since October in support of the building owners hearing with the Ohio Department of Commerce building compliancy department, which in our opinion, is an example of administrative bullying and political attempt to keep us from operating. We look forward to your future business in hopes that all issues will be dealt with.”

The following day, the new sign was replaced again with, “Closed until further notice. Sorry for the inconvenience.”

When asked about the upcoming hearing, Dancing Elk said, “As far as the hearing, I know nothing about it other than we are stuck between a rock and a hard place. If we relocate, all the work and time has been for nothing. And we have to spend more money just to open.”

“If we wait until after the hearing to re-open, nothing is for sure and we could have been wasting time when we could have been operating,” Dancing Elk said.

“So far we have been sitting on our hands for four months, still paying our overhead and bringing in no revenue,” he explained. “This ordeal has cost me a lot of money I don’t have.”

“If I could afford to sue the state for this administrative bullying, I would,” he added. “You know the legal definition on their own documents states nothing about the ‘change of occupant’ which seemed to be their response when I questioned them about the legality of the definition of change of use and occupancy.”

“So at the request of the building owner, we have not opened,” he said. “Otherwise, I myself would have fought them in court and continued to do business if it had become a legal issue, which I believe might have been a misdemeanor. I do not agree with the way the state is conducting their affairs. The state is interfering with our commerce.”

A phone call to the Ohio Department of Commerce revealed that there has been a continuous issue with inspectors not being able to complete inspections on the building.

In September, five state officials arrived to inspect the building, but Nihiser was not present, so the inspectors left. According to Tolen, this has been a repeat occurrence.

“This is a violation hearing to determine if the establishment owner must allow officers in for an inspection,” Tolen said in a phone interview earlier this week.

“They need to allow inspectors in for code compliance and safety issues. It’s our understanding that the building owner not only has been uncooperative with our inspectors, but also uncooperative with your local fire department as well,” he said.

For Dancing Elk, it’s another disappointment and setback as he attempts to open his business and survive, yet keeps coming across stumbling blocks that prevent him from doing so.

“We just need to see both sides present during the hearing and hope both mutually agree to a solution to this issue,” said Logan Fire Chief Brian Robertson.

Logan City Service Director Steve Shaw agreed with Robertson and said, “We’re anxiously awaiting the outcome and hoping to get this resolved.”

Robertson and Shaw are planning on attending the hearing at the Ohio Department of Commerce office, located at 6606 Tussing Road, Reynoldsburg, on Jan. 29.