ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Monday, May 13, 2019 12:09:04 PM
CASE NUMBER: 2019 CV 01109 Docket ID: 33405699
MIKE FOLEY
CLERK OF COURTS MONTGOMERY COUNTY OHIO

IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
CITY OF DAYTON, OHIO,
Plaintiff/Petitioner,
vs.

:

Case No. 2019 CV 01109

:

Judge Barbara Gorman

:

CONSENT DECREE

HONORABLE SACRED KNIGHTS, et al., :
Defendants/Respondents.

:

The Plaintiff and the Defendants in this matter hereby resolve this litigation and have
agreed to the terms of this Consent Decree, as follows:
1.

This Consent Decree constitutes the entire agreement between the Plaintiff, City of

Dayton, Ohio, and Defendants Robert Morgan and the Honorable Sacred Knights, including all
of its individuals members, hereinafter (“HSK”).
2.

This matter involves a rally that Defendants are planning in Dayton, Ohio, at the

Courthouse Square on May 25, 2019 (“Rally”).
3.

Each party has entered into this Consent Decree voluntarily.

4.

Defendants Robert Morgan and the HSK are hereby enjoined from:
a.

Soliciting other individuals or groups to enter Dayton, Ohio, as part of a unit of
two or more persons acting in concert while armed with a firearm, weapon, shield, or
any item whose purpose is to inflict bodily harm, at any demonstration, rally, protest,
or march in Dayton, Ohio.

b.

Instructing or facilitating the instruction of individuals or groups in the use of any
weapon or technique capable of causing injury or death, knowing or intending that the

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 weapon or technique will be used at any demonstration, rally, protest, or march in
Dayton, Ohio.
c.

Issuing any commands, instructions, or directives to any group of two or more
persons armed with a firearm, weapon, shield, or any item whose purpose is to inflict
bodily harm, which commands, instructions, or directives are related to the use of
such weapons or any techniques capable of causing injury or death, at any
demonstration, rally, protest, or march, in Dayton, Ohio.

d.

Bringing any rifles, shotguns, long guns, knives, assault rifles, bats, or shields, to
any demonstration, rally, protest, or march in Dayton, Ohio.

e.

Using any open flames during any demonstration, rally, protest or march in
Dayton, Ohio.

f.

Inciting any violence or soliciting any violence during any demonstration, rally,
protest, or march in Dayton, Ohio.

g.

Wearing any tactical vests, body armor, military or police uniforms during any
demonstration, rally, protest, or march in Dayton, Ohio.

5.

Defendant Robert Morgan and the HSK agree that they will do the following during their

planned rally:
a.

Remain in a fixed location on the Courthouse Square during the rally;

b.

Use an egress and ingress point approved by the Dayton Police Department;

c.

Immediately leave the Dayton downtown area after the rally is concluded; and

d.

Request that any individuals that are not members of the HSK and that do not
comply with the terms of this Consent Decree immediately leave the rally.

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 6.

Should the Defendants not comply with any of the provisions within this Consent Decree,

the City of Dayton shall be entitled to immediately shut down the Rally, and the HSK and its
members agree to immediately leave the Dayton area.
7.

HSK and its members shall be financially liable to the City of Dayton for any costs

incurred by the City of Dayton as a result of the HSK or its members violating this Consent
Decree.
8.

A violation of this Consent Decree shall be punishable by contempt and may subject the

entity or person in violation to all penalties or sanctions allowed by law.
9.

This Consent Decree may be modified only by order of this Court.

10.

The failure of any party to exercise any right under this Consent Decree shall not be

deemed a waiver of any right or any future rights.
11.

If any part of this Consent Decree shall for any reason be found or held invalid or

unenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall
not affect the remainder of this Consent Decree, which shall survive and be construed as if such
invalid or unenforceable part had not been contained herein.
SO ORDERED: ________________________
Hon. Barbara P. Gorman
Agreed:
S/ Robert Morgan
Robert Morgan, on behalf of himself and the Honorable Sacred Knights

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 BARBARA J. DOSECK
CITY ATTORNEY
By S/ John C. Musto_________
John C. Musto (0071512)
Chief Trial Counsel
Martin Gehres (0096711)
Assistant City Attorney
101 West Third Street
P.O. Box 22
Dayton, Ohio 45401
Telephone: (937) 333-4116
Facsimile: (937) 333-3628
John.Musto@Daytonohio.gov
Attorneys for Plaintiff,
City of Dayton, Ohio

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 General Divison
Montgomery County Common Pleas Court
41 N. Perry Street, Dayton, Ohio 45422

Case Number:
2019 CV 01109

Case Title:
CITY OF DAYTON OHIO vs HONORABLE SACRED
KNIGHTS

Type:

Consent Judgment Entry
So Ordered,

Electronically signed by bgorman on 05/13/2019 12:09:31 PM Page 5 of 5