An Ohio sheriff’s social media page is instructing residents “to keep a list of homes displaying campaign signs” supporting Kamala Harris, the Guardian reported on Tuesday, September 17, 2024 (read story here).
In the post, Sheriff Bruce D Zuchowski (photo, left) referred to Harris as “Laughing Hyena” and immigrants as “Illegal human Locust” (sic).
Zuchowski is the chief law enforcement officer of Portage County, Ohio, which is closely divided politically. About 45% of county voters voted for the Biden-Harris ticket in the last presidential election.
Previously, he used his department’s social media account to protest the Cleveland Indians’ name change to Cleveland Guardians, and the county NAACP has accused his office of targeting minority drivers (see story here).
Local Democrats have distributed about 750 Harris yard signs to county residents. It’s clear the sheriff wants them reported to his office; he said so in his Facebook posts. He has said he’ll use that list to send illegal immigrants to their homes.
The blowback was immediate. Some residents said they’re fearful, others called it “scary,” and some are “reconsidering putting political signs in their yards” — clear evidence that Sheriff Zuchowski has, in fact, violated their First Amendment rights.
Others have complained to the governor, state attorney general, members of Congress, and the ACLU, which defends free speech (see story here). And the county elections board will no longer use the sheriff’s department for security (see st0ry here).
A sheriff compiling a blacklist of residents based on their political views is a frightening prospect. Whether he’s joking or not, this can’t help but have a chilling effect on First Amendment rights, and also implies future harassment. As such, it’s an egregious abuse of power warranting his removal form office.
Ohio law provides for removing a sheriff for “willfully and flagrantly exercises [of] authority or power not authorized by law.” (See statute here.) Blacklisting residents for constitutionally-protected political activity clearly falls within this provision.
Removal proceedings take place in a court, either before a judge or a jury, if one is requested. The complaint can be initiated either by the governor of 15% of the number of voters in the last governor’s election. (See statute here.)
It seems unlikely that Ohio’s Republican governor would take action against a Republican sheriff for political misbehavior, but there are more than enough Democratic voters in the county to bring a removal case to the court, if someone organizes a petition drive.
Short of removal, other legal remedies are also available. The ACLU, which often litigates First Amendment rights, could seek a court order enjoining Zuchowski from further collection of addresses and ordering him to destroy any in his possession. A resident harmed by his actions could sue for damages.
Law enforcement should not be involved in politics. A sheriff abusing his office to punish certain political views should be confronted head-on with all available legal remedies. This is America, not Russia, and Sheriff Zuchowski’s behavior is intolerable.