Mark Miller

From: Christopher P. Finney, Esq

Sent: Wednesday, December 08, 2010 5:33 PM
To: Herzig, Aaron M.; kathyharrell@fop69.org; chris.smitherman@naacpcincinnati.org; ThosLuken@aol.com;
mkuhl@cinci.rr.com; mmonahan3@zoomtown.com; joshspring@cincihomeless.org; jason.gloyd@gmail.com;
wee.cann2@zoomtown.com; DianaFrey@rocketmail.com
Cc: Dornette, W. Stuart; Curt Hartman
Subject: RE: "Not One More Cent" Flyer

Dear Aaron:

It is good hearing from you again. I had not heard from you since you left us for law school a few years back.

On behalf of COAST, we emphatically reject the demands contained in your letter. It will not be intimidated by
Mr. Berding’s attorneys.

The flyer, e-mails and blog post will remain in circulation by COAST and its volunteers as an exercise of their
rights of free speech under the First Amendment to the United States Constitution about both a public issue and
a public figure.

While you may be able to point to instances in which Mr. Berding expressed support for the Streetcar in 2009,
there are numerous witnesses who will attest that Mr. Berding made promises contrary to those during that
election campaign. This, of course, shows the two-faced nature of his posturing on this issue, the very thrust of
the flyer. COAST thoroughly investigated those claims before the flyer was published and firmly stands behind
the same.

Instead of allowing the marketplace of ideas to work ― “by entrusting the people to judge what is true and what
is false,” Citizens United v. Federal Elect. Comm’n, ___ U.S. ___, ___, 130 S.Ct. 876, 907 (2010), you and Mr.
Berding attempt to intimidate and stifle a free and open debate on this topic. This shows his fundamental
contempt of his constituents and their free speech rights.

Cincinnati and Hamilton County has endured lie after lie from Mr. Berding, first on the stadium tax, and now on
the streetcar and I am sure there are dozens of examples in between. These serial misrepresentations are
bankrupting our fair City and County and oppressing the taxpayers. When one gets in between rapacious
politicians and greedy contractors, legal threats usually follow shortly behind. This is nothing unusual.

As to your threatened lawsuit, I would strongly counsel you to fully investigate Mr. Berding’s representations
throughout the 2009 election before bringing it. Both Civil Rule 11 and O.R.C. §2323.51 will afford sanctions
against Mr. Berding, you and your law firm should you try to mis-use the Courts in such a knowingly false and
frivolous manner.

By the way, I am unclear what is “unlawful” about the brochure. Please advise what specific statute has been
transgressed. Again, this is a free country. If Mr. Berding can’t stand the heat, he should get out of the kitchen.

I will need to consult with my other client, the NAACP, about its response.

Regards,

Christopher P. Finney
1
From: Herzig, Aaron M. [mailto:herzig@taftlaw.com]
Sent: Wednesday, December 08, 2010 4:48 PM
To: kathyharrell@fop69.org; chris.smitherman@naacpcincinnati.org; Christopher P. Finney, Esq;
ThosLuken@aol.com; mkuhl@cinci.rr.com; mmonahan3@zoomtown.com; joshspring@cincihomeless.org;
jason.gloyd@gmail.com; wee.cann2@zoomtown.com; DianaFrey@rocketmail.com
Subject: "Not One More Cent" Flyer

Please see the attached correspondence.

Regards,
Aaron Herzig

Taft / Celebrating 125 Years

Aaron M. Herzig / Attorney
Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800
Cincinnati, Ohio 45202-3957
Tel: 513.381.2838 • Fax: 513.381.0205
Direct: 513.357.9493 • Cell: 513.503.6956
www.taftlaw.com / herzig@taftlaw.com

Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating
to federal taxes that is contained in this communication (including attachments) is not intended or written to be
used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2)
promoting, marketing or recommending to another party any transaction or matter addressed herein.

This message may contain information that is attorney-client privileged, attorney work product or otherwise
confidential. If you are not an intended recipient, use and disclosure of this message are prohibited. If you
received this transmission in error, please notify the sender by reply e-mail and delete the message and any
attachments.
### ### ###