Matt Banta speaks on his concerns regarding the new Kosciusko County Justice Building security ordinance at the Kosciusko County Commissioners’ meeting on Tuesday, Sept. 12, in the Kosciusko County Courthouse’s Old Courtroom. InkFreeNews photo by Leah Sander.

By Leah Sander
InkFreeNews

WARSAW — Kosciusko County Commissioners are open to amending a security ordinance they passed last month for the Kosciusko County Justice Building.

Leaders made the comments at their regular meeting on Tuesday, Sept. 12, at which citizen Matt Banta voiced concerns about the new rules.

The ordinance includes the following:

“No person, other than law enforcement officers, elected officials, officers of the court, and authorized security personnel for the Justice Building, shall possess within the Justice Building any ‘deadly weapon’ as defined by IC 35-31.5-2-86. IC 35-31.5-2-86, as amended from time to time, is hereby incorporated into and made a part of this Ordinance by reference.

Except as otherwise authorized by one of the Judges and except for law enforcement officers, elected officials, officers of the court, authorized security personnel for the Justice Building, and employees or contractors of the County or the State of Indiana that are conducting official business: no person shall use a device to record audio or video or to take pictures in the Justice Building, except at a public meeting governed by Indiana’s Open Door Law, IC 5-14-1.5, as amended from time to time; and,
no person shall possess or use a mobile phone on the second floor of the Justice Building.

A violation of either (the above sections) of this Ordinance may result in a fine up to, but not more than, $2,500.00 for a first violation and up to, but not more than, $7,500.00 for a second or subsequent violation per IC 36-1-3-8(a)(10)(B).”

Also through the ordinance: “No person shall bring food or drink into the Justice Building, except for persons that work at the Justice Building.

A violation of (the above section) of this Ordinance may result in a fine up to, but not more than, $100.00 for a first violation and up to, but not more than, $250.00 for a second or subsequent violation per IC 36-1-3-8(a)(10)(B).”

The ordinance allows Kosciusko County judges “to adopt more restrictive orders or rules within and about the courtrooms of the Justice Building” if they wish.

Judges said last month poor behavior in their courtrooms motivated them to request commissioners to create the ordinance. Among those behaviors were people recording confidential proceedings in courtrooms.

Banta noted Tuesday he was concerned about the cellphone restrictions.

“I was absolutely shocked because, in my mind, (the ordinance) seems to fly in the face of the Constitution,” he said. “In a public building that my tax dollars pay for, I can get a $2,500 ticket for walking into the (building) to record making a child support payment (or) … signing the paperwork (for a marriage license) … $7,500 if I do it the second time.”

He also took issue with the ordinance’s banning of cellphones totally for the public on the justice building’s second floor.

“In my mind, the judge needs to consider a courtroom on an individual basis,” said Banta. “You do not make the county citizenry pay for individuals that don’t know how to behave in a courtroom. You tell them what they’re doing is wrong. You fine them. You jail them, but you don’t take it out on me.”

Commissioners’ President Brad Jackson said he “appreciated(d)” Banta’s coming before leaders to ask questions.

“This is what makes our country great,” he said.

“I think it’s good that he came in and brought this to our attention,” said Commissioner Cary Groninger. “It’s something that we’re looking at and trying to sort out what might be a more middle ground on some of this.”

He added leaders were meeting with county department heads to get feedback on the ordinance.

“I appreciate your input,” said Commissioners’ Vice President Bob Conley.

“We are given the responsibility of keeping people safe,” he noted, adding regarding Banta’s talk on constitutional rights that people are allowed “to do these things as long as they’re done properly and decently and in order.”

“You also mentioned restricted areas, and that’s pretty much what that second floor is … for people who have to go there to do business and eventually possibly be testifying in court or be a witness in court and so we need to protect their rights from somebody videotaping them or getting information via their cellphone that they can use outside the courtroom,” said Conley.

He mentioned elements of the ordinance “are not etched in concrete,” saying commissioners could adjust them “if we feel that’s necessary.”

Jackson asked Banta be patient as commissioners look at changing parts of the ordinance.

“I have some things that I have a problem with that I want to see changed,” Jackson added.

In other business, commissioners:

• Approved, contingent on the Kosciusko County American Rescue Plan Act Committee also OK’ing it at its meeting on Wednesday, Sept. 13, to spend $400,000 of the county’s ARPA money on constructing a supplemental 180-foot tower in Sidney to improve public safety communications there. The Kosciusko County Council also has to OK the expenditure.
• Allowed Kosciusko County Community Corrections Director Barry Andrew to apply for a $10,000 grant. If received, monies from it will be used to pay for drug tests, conference travel costs and incentives for the drug court program.
• Approved a grant agreement with the state. The county is getting $226,500 through a matching grant program related to a multi-state settlement with Johnson & Johnson, Cardinal Health, McKesson and AmerisourceBergen for the companies’ contribution to the national opioid epidemic.

Commissioners’ next meeting is 9 a.m. Tuesday, Sept. 26, in the Kosciusko County Courthouse’s Old Courtroom.