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Children’s drawings for Kokosing Asphalt

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7,840 parents, neighbors, children, and business owners urge Kokosing Asphalt to do more to reduce pollution

CLEVELAND — Since April 2010, 7,840 Ohioans have sent letters, messages, and children’s drawings to decision makers at Kokosing Asphalt urging the company to take the necessary steps to reduce its pollution as close to zero as possible.  Some letters have come from parents who understand what it’s like to live with breathing problems because they have children with asthma and wonder how Kokosing’s pollution is harming children who live near the plant.

Area business owners have urged Kokosing to live up to its own goals, to “operate with honesty and integrity” and to “be a good member of the community.”  Numerous pictures from children throughout northeast Ohio simplify the problem to its root cause, urging Kokosing not to pollute because “pollution is bad for you” and to reduce odors because “pollution is stinky.”

Stephen Gabor, Cleveland Area Campaign Director, Ohio Citizen Action

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Kokosing Asphalt neighbor Carl Gaglione puts campaign in perspective for Ohio Citizen Action field staff on their way to canvassing Garfield Heights

Carl Gaglione, Nora Lardner, Carla Roth, and Nina Byard outside the back entrance to Kokosing Asphalt

MAPLE HEIGHTS — On their way to canvassing Garfield Heights for the first time in five years, the Ohio Citizen Action field staff made a quick stop into neighboring Maple Heights to talk to Kokosing Asphalt neighbor Carl Gaglione. The canvassers got a firsthand perspective of the facility that has been causing pollution problems for Gaglione and his neighbors for years.

In March 2010 Citizen Action joined Gaglione and other neighbors in a good neighbor campaign to get Kokosing to reduce pollution at its asphalt facility north of Granger and south of I-480 on the Maple Heights/Garfield Heights border. Kokosing admits to polluting the neighborhood with toxic chemicals such as sulfur dioxide, nitrogen oxide, organic compounds, and soot. Sulfur dioxide can make it harder to breathe, aggravate asthma, and contribute to acid rain. Soot can cause heart and lung damage and aggravate asthma.

Until 2007, the Kokosing plant was owned by locally-based Schloss Materials, Inc. Then Kokosing, headquartered in Fredericktown, Ohio, bought the plant. According to Gaglione, life in the neighborhood hasn’t been the same since. ”The plant has gotten a lot worse since Kokosing took over. It wasn’t perfect or anything like that when Schloss owned it, but it was a lot better. They seemed to care a lot more about their neighbors.”

Stephen Gabor, Cleveland Area Campaign Director, Ohio Citizen Action

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Ohio Citizen Action, Maple Heights neighbor Carl Gaglione settle yard sign lawsuit with City of Maple Heights

CLEVELAND — Ohio Citizen Action and Maple Heights resident Carl Gaglione settled their First Amendment yard sign lawsuit with the City of Maple Heights on January 7. The suit was assigned to federal Judge Dan Pollster. Under the settlement, the city will not interfere with future lawfully-placed yard signs. The financial terms of the settlement were confidential, and the city did not admit to wrongdoing.

Citizen Action and Gaglione filed the lawsuit on October 8, 2010 for violation of their First Amendment rights. As part of their campaign to get Kokosing Asphalt to reduce pollution at its plant north of Granger and south of I-480 on the Maple Heights/Garfield Heights border, Maple Heights neighbors and Citizen Action put up 200 orange and black “Kokosing Asphalt: Clean It Up” yard signs in neighborhoods around the facility. According to the lawsuit, Maple Heights Mayor Jeff Lansky had ordered Maple Heights Assistant Service Director Ken Selva to remove one of the signs displayed in front of a Maple Heights business on Broadway Avenue in August after Gaglione had gotten permission to put the sign up on two different occasions. The suit also sought back-payments for sick leave which Gaglione, a leader of the neighbors working to clean up pollution from the plant, said he had been denied as a city employee.

Stephen Gabor, Cleveland Area Campaign Director, Ohio Citizen Action

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Children’s drawings for Kokosing Asphalt

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Maple Heights neighbor Deanna Broaddus and six Ohio Citizen Action volunteers canvass area next to Kokosing Asphalt

On Saturday, Maple Heights neighbor Deanna Broaddus and six Ohio Citizen Action volunteers braved the cold and snow to talk to neighbors about pollution coming from Kokosing Asphalt's facility north of Granger and south of I-480 on the Maple/Garfield Heights border. Broaddus is pictured here talking to neighbor James Hawkins.

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Children’s drawings for Kokosing Asphalt

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Dorinda’s Christmas wish to Kokosing asphalt

From: Dorinda

I’m the smallest in my class. I love nature and everything in it. I want to make a difference. Christmas is coming, all I want for Christmas is world peace, and clean neighborhoods for the future. Please help encourage everyone to clean up outside, not just on Earth Day! I hope this letter helps!!

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Kokosing Asphalt neighbor Chuck Huck visits Citizen Action field canvass

Kokosing asphalt neighbor Chuck Huck, Lori Jaeger, Matthew Malames, Carla Roth, Stephen Gabor, and Jessica Hodges

CLEVELAND — Maple Heights neighbor Chuck Huck took time out of his workday yesterday to visit Ohio Citizen Action’s downtown Cleveland office. He spoke with the Cleveland field staff about ways to get Kokosing Asphalt to reduce pollution coming from its facility north of Granger and south of I-480 on the Maple Heights/Garfield Heights border. Huck, along with other Maple Heights neighbors, has been active in a campaign to get Kokosing to reduce emissions of sulfur dioxide, nitrogen oxide, organic compounds, and soot. Sulfur dioxide causes breathing problems, can aggravate asthma and contributes to acid rain. Soot causes heart and lung damage and can also aggravate asthma.

Huck spent an hour with the field staff discussing the history of his relationship with Kokosing, how their pollution has harmed him, why he got involved in the campaign to get them to clean up, and exchanged ideas with the staff about how to persuade them to clean up.

“You can’t get a better perspective on what’s happening with Kokosing than to hear directly from an active neighbor like Chuck,” said Cleveland Field Canvass Director Carla Roth.

Stephen Gabor, Cleveland Area Campaign Director, Ohio Citizen Action

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Judge orders parties to meet in ‘Ohio Citizen Action, et al., vs. City of Maple Heights’ yard sign lawsuit

Carl B. Stokes Federal Courthouse in Cleveland

CLEVELAND — United States District Court Judge Dan Polster has ordered plaintiffs Ohio Citizen Action and Maple Heights neighbor Carl Gaglione to meet in person with a representative from the City of Maple Heights and all respective attorneys on Monday, November 29, 2010 in Judge’s chambers at the Federal Courthouse on 801 W. Superior Avenue in Cleveland.

This Case Management Conference is a planning meeting which sets the agenda and schedule for upcoming Court proceedings related to Ohio Citizen Action and Gaglione’s yard sign lawsuit against the City of Maple Heights, Ohio Citizen Action, et al. vs. City of Maple Heights.

Stephen Gabor, Cleveland Area Campaign Director, Ohio Citizen Action

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Los Angeles filmmaker interviews Maple Heights neighbors about Kokosing Asphalt’s pollution


Matt Keener prepares to interview Chuck Huck

Deanna Broadus during her interview with Matt Keener

MAPLE HEIGHTS — Los Angeles filmmaker Matt Keener came to Maple Heights last Thursday to interview neighbors about pollution coming from Kokosing Asphalt’s plant north of Granger and south of I-480 on the Maple Heights/Garfield Heights border. Keener interviewed Kathy and Chuck Huck and Deanna Broaddus. All three neighbors have been active in a campaign to convince Kokosing to reduce pollution in their neighborhood.

Keener was in town as part of a project being funded by the Natural Resources Defense Council. The project’s goal is to encourage polluting facilities to make products and provide services in cleaner, less harmful ways. Keener works with Collaboration Filmworks, a Los Angeles-based media company that focuses on creating and marketing stories for major motion picture and television projects and provides production support for non-commercial independent film projects. Keener wrote, produced and was assistant director for Random Shooting in L.A. (2002); wrote and directed Self-Inflicted (2005); and produced and directed The Wedding Project (1999).

In her interview with Keener, Broaddus said, “I take care of my health and my body. I exercise, I eat right, and it could all be destroyed by pollution coming from an asphalt plant in my neighborhood.”

Stephen Gabor, Cleveland Area Campaign Director, Ohio Citizen Action

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‘If the pollution were in your backyard, Mr. Mayor, would the city be able to do something about it then?’

Kathy Huck

Kathy Huck talks about Kokosing Asphalt's pollution at last night's Maple Heights City Council meeting.

MAPLE HEIGHTS — At last night’s Maple Heights City Council meeting, neighbors Kathy Huck and Deanna Broaddus addressed Mayor Jeff Lansky and City Council members about pollution coming out of Kokosing Asphalt’s facility in their neighborhood. “If the pollution were in your backyard, Mr. Mayor, would the city be able to do something about it then?” asked Huck. “It is your backyard. It’s your city.” Huck and Broaddus have been active in a campaign to get Kokosing to reduce toxic pollution from its facility north of Granger Road and south of I-480 on the Maple Heights/Garfield Heights border. Kokosing admits to polluting the neighborhood with toxic chemicals such as sulfur dioxide, nitrogen oxide, organic compounds, and soot. Sulfur dioxide can make it harder to breathe, aggravate asthma, and contribute to acid rain. Soot can cause heart and lung damage and aggravate asthma.

Stephen Gabor, Cleveland Area Campaign Director, Ohio Citizen Action

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City of Maple Heights responds to Ohio Citizen Action yard sign lawsuit

CLEVELAND — “Any and all acts or omissions of City of Maple Heights, its agents and employees, which allegedly caused the injury at the time and place set forth, were the result of an exercise of discretion vested in them. At all times mentioned in the Complaint, Defendant agents were public employees of City of Maple Heights and if they performed any of the acts or omissions alleged as the basis of the Complaint, the acts or omissions were the result of the exercise of the discretion vested in them. Defendant is therefore immune from liability.”

— Kenneth Schuman, Attorney for Maple Heights, Reply to complaint, Ohio Citizen Action, et al. vs. City of Maple Heights

Read the reply to the complaint

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Kokosing Asphalt – Put yourself in your neighbors’ shoes

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Yard signs spring up in Maple Heights and Garfield Heights

[flickr album=72157625267516268 num=20 size=Thumbnail]

MAPLE HEIGHTS—Two hundred Maple Heights and Garfield Heights neighbors have put up orange and black “Kokosing Asphalt: Clean it Up” yard signs as part of their campaign to get Kokosing to reduce pollution at its asphalt plant north of Granger and south of I-480 on the Maple Heights/Garfield Heights border. Kokosing admits to polluting the neighborhood with sulfur dioxide and soot. Sulfur dioxide causes breathing problems, can aggravate asthma and contributes to acid rain. Soot causes heart and lung damage and can also aggravate asthma. Maple Heights neighbor Kathy Huck, who lives half a block away from Kokosing, is urging the company to take immediate steps to solve their pollution problems. “This plant has seriously affected my quality of life and enjoyment of my home and yard.”

Stephen Gabor, Cleveland Area Campaign Director, Ohio Citizen Action

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