Shaker Hts. v. El-Bey

[Cite as Shaker Hts. v. El-Bey, 2017-Ohio-9022.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
Nos. 105701 and 105702
CITY OF SHAKER HEIGHTS
PLAINTIFF-APPELLEE
vs.
BRANDON PROFIT EL-BEY
DEFENDANT-APPELLANT
JUDGMENT:
AFFIRMED
Criminal Appeal from the
Shaker Heights Municipal Court
Case Nos. 17 TRD 01124 and 17 CRB 00154
BEFORE: S. Gallagher, J., Kilbane, P.J., and Blackmon, J.
RELEASED AND JOURNALIZED: December 14, 2017
FOR APPELLANT
Brandon N. Profit El-Bey, pro se
4115 E. 138th Street
Cleveland, Ohio 44108
ATTORNEY FOR APPELLEE
C. Randolph Keller
City of Shaker Heights
3400 Lee Road
Shaker Heights, Ohio 44120
SEAN C. GALLAGHER, J.:
{¶1} This is an accelerated appeal brought pursuant to App.R. 11.1 and
Loc.App.R. 11.1. Brandon Profit El-Bey appeals his convictions for operating a vehicle
without a license, failing to stop at a stop sign, driving with expired or unlawful license
plates, and carrying a concealed weapon. By designating this as an accelerated appeal,
El-Bey has “agreed that we may render a decision in ‘brief and conclusionary form’
consistent with App.R. 11.1(E).” State v. D.F., 8th Dist. Cuyahoga No. 104410,
2017-Ohio-534, ¶ 1.
{¶2} El-Bey does not dispute that he violated several ordinances or the validity of
the underlying convictions. Instead, El-Bey asserts that he is not subject to the Shaker
Heights Codified Ordinances because he is a national of the “Tribal-Nation, United
Washitaw de Dugdahmoundyah Mu’urs.”
{¶3} “Numerous courts have rejected similar challenges to convictions based on
‘sovereign citizen’ or ‘sovereign nation’ arguments.” Shaker Hts. v. El-Bey, 8th Dist.
Cuyahoga No. 104236, 2017-Ohio-929, ¶ 6, citing State v. Wyley, 8th Dist. Cuyahoga No.
102889, 2016-Ohio-1118, ¶ 6-7, 11-12; Garfield Hts. v. Foster, 8th Dist. Cuyahoga No.
102965, 2016-Ohio-2834, ¶ 9; State v. Few, 2d Dist. Montgomery No. 25969,
2015-Ohio-2292, ¶ 6; State v. Blacker, 12th Dist. Warren No. CA2008-07-094,
2009-Ohio-5519, ¶ 7-10; St. Paris v. Galluzzo, 2d Dist. Champaign No. 2014-CA-29,
2015-Ohio-3385, ¶ 46; State v. Matthews, 2d Dist. Greene No. 2015-CA-73,
2016-Ohio-5055, ¶ 3-6; Friend v. Schatzman, M.D.N.C. No. 1:15CV231, 2015 U.S. Dist.
LEXIS 36332, 3-5 (Mar. 24, 2015).
{¶4} In light of the fact that El-Bey does not challenge the legal or factual basis of
his convictions and seeks only to assert his status as a sovereign person as a means to
avoid application of the Shaker Heights Codified Ordinances, a principle rejected by this
and a majority of courts, we affirm.
It is ordered that appellee recover from appellant costs herein taxed. The
court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the municipal
court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of
the Rules of Appellate Procedure.
SEAN C. GALLAGHER, JUDGE
MARY EILEEN KILBANE, P.J., and
PATRICIA ANN BLACKMON, J., CONCUR