Toledo, Ohio: Former city councilman is accused of anti-war graffiti vandalism
Mike Ferner, 54, of 2975 113th St., painted the slogans - "Troops Out Now" on the Central Avenue and U.S. 24 overpasses and "Bye Bush! Hi Robb!" on the Dussel Drive/Salisbury Road overpass - while his brother, John Ferner, 46, of Columbus, drove the truck, the Ohio Highway Patrol said.
The Ferners face at least two counts each of vandalism and one count each of possession of criminal tools - the can of fluorescent orange spray paint recovered in their pickup when it was pulled over by Sylvania Township police, troopers said. Both were being held last night in the Lucas County jail in lieu of $3,000 bond apiece pending arraignment in Maumee Municipal Court.
Mike Ferner has been an active critic of U.S. military action in Iraq and, in 2003, took part in a "peace tour" of that Mideast country. He has several previous convictions for civil disobedience related to war protests or other causes he has taken on.
Sue Carter, Mike Ferner's wife, said in a telephone interview last night that her husband had acknowledged painting similar graffiti on several prior occasions, but "today, he got caught." She said she did not know of her husband's activities yesterday until he called her from jail.
The potential penalties he and his brother face for the vandalism charge, a fifth-degree felony punishable by up to 12 months incarceration and a fine of up to $2,500, are "pretty steep for something like this, but I guess we'll see what happens in court," Ms. Carter said.
Possession of criminal tools is a first-degree misdemeanor unless there is a finding that the tools were used to commit a felony, in which case it also is a fifth-degree felony.
Depending on how expensive the paint removal is, the severity of the vandalism charges could increase. Troopers said the Ohio Department of Transportation provided a preliminary estimate of "more than $500." If the eventual damage value is between $5,000 and $100,000, vandalism is a fourth-degree felony, and higher damage becomes a third-degree felony.
During the Vietnam War, Mr. Ferner served in the Navy from 1969 until 1973, when he was honorably discharged as a conscientious objector. He was elected to City Council in 1989 as an Independent. In 1993, he dueled Carty Finkbeiner to become Toledo's first strong mayor after voters replaced the city-manager form of government, and lost by 702 votes out of more than 92,000 cast.
Mr. Finkbeiner, who is to be sworn in again as mayor tomorrow, said last night he has "a lot of respect" for his former rival's integrity and passion concerning certain issues, but painting graffiti on public places "probably was less than an appropriate thing for him to do."
The state patrol had received several reports about a man spray-painting the bridges, and the Ferners admitted to their actions upon their apprehension, the highway patrol's report said.
Ms. Carter said the graffiti is one of her husband's nonviolent tactics for speaking out against injustice, and he "has always been prepared to go to jail."
She said she did not know who "Robb" is.
In September, 2003, he and six others received $75 fines plus court costs and 10-day suspended jail sentences for disorderly conduct convictions associated with a sit-in at a military recruiting office on South Reynolds Road.
A month later, he was ticketed for trespassing when he tried to hang a banner on a railroad car carrying a decommissioned nuclear reactor on a train that stopped in the CSX railyard in Walbridge. Ms. Carter said she believed her husband paid a fine for that offense.
Ms. Carter said Mr. Ferner is to be sentenced this month in the Washington area for a disorderly conduct conviction stemming from an anti-war sit-in at a subway-station entrance near the Pentagon.
"After his past arrests, he has not taken pleas. He has always had his day in court to explain what he is doing," she said. "The real crime is going to war on a lie, violating international treaties, and spying on the American public."
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Thu, 01/05/2006 - 5:30pm
More city councilmembers need to behave with such direct action. I hope they got both sides of the freeway.
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There is a lot of shit going on in Toledo so I think it's time an Indymedia website is set up for Toledo.
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