PAVAN PARIKH

HAMILTON COUNTY CLERK OF COURTS

COURT OF APPEALS

ELECTRONICALLY FILED
March 10, 2026 09:45 AM
PAVAN PARIKH
Clerk of Courts
Hamilton County, Ohio
CONFIRMATION 1784564

CINCINNATI ENQUIRER THE C 2600089

vs.
HONORABLE DONTE
JOHNSON

FILING TYPE: INITIAL FILING ($85.00 DEPOSIT REQUIRED)

PAGES FILED: 20

EFR200

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 IN THE COURT OF APPEALS
FIRST APPELLATE DISTRICT OF OHIO
HAMILTON COUNTY

STATE OF OHIO, ex rel. THE : CASE NO.

CINCINNATI ENQUIRER, a Division
of Gannett GP Media, Inc. : Original Action in Prohibition
312 Plum Street
Cincinnati, OH 45202 :

and :

STATE OF OHIO, ex rel. SCRIPPS :

MEDIA, INC. D/B/A WCPO-TV
1720 Gilbert Avenue :
Cincinnati, OH 45202
:
Relators,
:
vs.
:
HONORABLE DONTE JOHNSON
Hamilton County Municipal Court :
1000 Main Street
Room 270 :
Cincinnati, OH 45202
:
Respondent.
_________________________________________

COMPLAINT FOR WRIT OF PROHIBITION

_________________________________________

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 John C. Greiner (0005551)
Griffin R. Reyelts (0102240)
Faruki PLL
201 East Fifth Street, Suite 1420
Cincinnati, OH 45202
Telephone: (513) 632-0315
Fax: (513) 632-0319
Email: jgreiner@[Link]
greyelts@[Link]

Counsel for The Cincinnati Enquirer, a

Division of Gannett GP Media, Inc.,
and Scripps Media, Inc. d/b/a WCPO-
TV

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 For their Complaint for Writ of Prohibition against the Honorable

Donte Johnson, Judge of the Hamilton County Municipal Court ("Respondent"),

Relators The Cincinnati Enquirer, a Division of Gannett GP Media, Inc. ("The

Enquirer") and Scripps Media, Inc. d/b/a WCPO-TV ("WCPO") (collectively,

"Relators") state as follows:

THE PARTIES
1. Relator The Enquirer publishes The Cincinnati Enquirer, a

newspaper of general circulation in Cincinnati, Ohio.

2. Relator WCPO is a television station in Cincinnati, Ohio, that

covers news events in southwestern Ohio.

3. Respondent is a judge of the Hamilton County Municipal Court

and is presiding over a case styled State of Ohio v. Alex Tchervinski, Case No.

/25/CRB/14476 (the "Litigation").

BACKGROUND
4. The Litigation concerns Alex Tchervinski ("Tchervinski") who

is accused of "recklessly caus[ing] alarm to another by taunting another, under

circumstances in which that conduct is likely to provoke a violent response,

contrary to and in violation of Section 2917.11[.]" August 20, 2025, Complaint,

attached as Ex. 1.

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 5. Tchervinski's trial is scheduled to commence on March 31,

2026 (the "Trial"). January 20, 2026 Entry of Continuance/Advancement, attached

as Ex. 2.

6. On September 8, 2025, Relators filed applications requesting

permission to broadcast, televise, photograph, and/or record courtroom

proceedings of the Trial ("Broadcast Applications"). Ex. 3; Ex. 4.

7. On September 8, 2025, Respondent granted the Broadcast

Applications but prohibited live steaming ("Live Stream Restriction"). Id.

8. The Live Stream Restriction is unauthorized by law. This

Court should immediately issue a peremptory writ prohibiting Respondent from

enforcing the Live Stream Restriction.

COUNT I

9. To prevail on a prohibition claim, the petitioner must establish

that a judge is about to exercise or has exercised unauthorized judicial power and

that it lacks an adequate remedy in the ordinary course of law. See State ex rel.

Balas-Bratton v. Husted, 2014-Ohio-1406, ¶ 15 (collecting cases).

10. "[I]t has long been settled that a writ of prohibition is the proper

remedy to address courtroom restrictions that are alleged to violate the freedom of

the press." State ex rel. Cincinnati Enquirer v. Baker Ross, 2026-Ohio-510, ¶ 45.

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 11. Judicial orders or administrative rules that operate to forbid

expression before it takes place are considered a "prior restraint." State ex rel.

Toledo Blade Co. v. Henry Cty. Court of Common Pleas, 2010-Ohio-1533, ¶ 20.

12. "The term 'prior restraint' is used 'to describe administrative and

judicial orders forbidding certain communications when issued in advance of the

time that such communications are to occur.'" Alexander v. United States, 509

U.S. 544, 550 (1993), quoting M. Nimmer, Nimmer on Freedom of Speech, § 4.03,

at 4-14 (1984) (emphasis in Alexander). See also State ex rel. Toledo Blade at ¶

20, quoting 2 Smolla, Smolla and Nimmer on Freedom of Speech, § 15.1, at 15-4

(2009) (prior restraint refers to "'judicial orders or administrative rules that operate

to forbid expression before it takes place.'"). "Temporary restraining orders and

permanent injunctions—i.e., court orders that actually forbid speech activities—are

classic examples of prior restraints." Alexander at 550. See Bey v. Rasawehr,

2020-Ohio-3301, ¶ 25.

13. A prior restraint "bears 'a heavy presumption against its

constitutional validity.'" Bey at ¶ 26, quoting Southeastern Promotions, Ltd. v.

Conrad, 420 U.S. 546, 558 (1975).

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 14. The Live Stream Restriction is, on its face, a prior restraint of

speech, as it prohibits live streaming and/or broadcasting of proceedings in open

court.

15. The Live Stream Restriction is also improper under Sup.R. 12.

16. Pursuant to Sup.R. 12(A), "the judge assigned to the proceeding

shall permit audio, audio-video recording, broadcasting by electronic means, and

taking photographs in court proceedings that are open to the public. After

consultation, the judge shall specify the place or places in the courtroom where the

operators and equipment are to be positioned."

17. The Ohio Constitution guarantees that "[a]ll courts shall be

open[.]" Ohio Const., art. I, § 16. "[T]he [Ohio] open courts provision has been

understood to protect a right of public access on the belief that justice would be

administered with greater fairness if the proceedings were open to the public."

State ex rel. Cincinnati Enquirer v. Bloom, 2024-Ohio-5029, ¶ 24 (internal

quotation and citation omitted).

18. "[A] a trial court may not exclude cameras from 'court

proceedings that are open to the public.'" State v. Sowell, 2016-Ohio-8025, ¶ 51,

quoting Sup.R. 12(A). "If the media file an appropriate request to broadcast or

photograph proceedings, and the request is granted, the media rightfully expect that

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 there will be no restrictions other than those stated by the rule." State ex rel.

Dispatch Printing Co. v. Geer, 2007-Ohio-4643, ¶ 16.

19. Indeed, the Supreme Court of Ohio "uses streaming video

technology to broadcast all oral arguments and select court programs and events

live on the Internet" "in an effort to make the judicial system more accessible to the

public[.]"1

20. Respondent exceeded his jurisdiction by entering the Live

Stream Restriction.

21. Accordingly, Relators are entitled to a writ of prohibition

barring Respondent from enforcing the Live Stream Restriction.

WHEREFORE, Relators respectfully request:

A. that the Court issue a peremptory writ of prohibition

immediately prohibiting the Respondent from enforcing the

Live Stream Restriction;

B. that the Court issue a permanent writ of prohibition to

Respondent prohibiting him from enforcing the Live Stream

Restriction; and

C. all other relief that is just and equitable.

1
Supreme Court of Ohio, Supreme Court Video, [Link]
video/ (accessed Mar, 9, 2026).

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 Respectfully submitted,

/s/ John C. Greiner

John C. Greiner (0005551)
Griffin R. Reyelts (0102240)
Faruki PLL
201 East Fifth Street, Suite 1420
Cincinnati, OH 45202
Telephone: (513) 632-0315
Fax: (513) 632-0319
Email: jgreiner@[Link]
greyelts@[Link]

Counsel for The Cincinnati Enquirer,

a Division of Gannett GP Media, Inc.,
and Scripps Media, Inc. d/b/a WCPO-
TV

4929-2336-4241.1

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 EXHIBIT 1

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 2917.11 (A)(3) DISORDERLY CONDUCT CASE NO.
fiMOMM]

COMPLAINT
HAMILTON COUNTY MUNICIPAL COURT

STATE OF OHIO vs. Alex Tchervinski

7757 Alexandra Dr

Mason Oh, 45046

Captain A. Hennie C45, being first duly cautioned and sworn, deposes and says that

Alex Tchervinski, on or about the 26th day of July, 2025, in Hamilton County, State of Ohio,

did recklessly cause alarm to another by taunting another, under circumstances in

which that conduct is likely to provoke a violent response, contrary to and in violation of

Section 291 7.11 of the Revised Code of Ohio, a misdemeanor of the fourth degree.

The complainant states that this complaint is based on pg

0145781567

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 EXHIBIT 2

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 HAMILTON COUNTY MUNICIPAL CRIMINAL

Case Number: /25/CRB/14476

Control Number: 2522466

STATE OF OHIO

vs. ENTRY OF CONTINUANCE/ADVANCEMENT

ALEX TCHERVINSKI
Defendant

The assigned judge will be unable to hear the case because:

CLERICAL ERROR

due to: JUDGE IS UNAVAILABLE

The above case time is waived from:

02/10/2026 10:00 Room CH270 for JURY TRIAL

to:

03/31/2026 10:00 Room CH270 for JURY TRIAL pursuant to 2945:72(H) DNOE

Before the Honorable DONTE JOHNSON.

Approved and Filed

For Journalization Enter'

Date_

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 EXHIBIT 3

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 HAMILTON COUNTY MUNICIPAL COURT
HAMILTON COUNTY, OHIO

PLAINTIFF
no. 3.5 cieB
-vs- APPLICATION REQUESTING PERMISSION
TO BROADCAST, TELEVISE, PHOTOGRAPH,
RECORD COURTROOM PROCEEDINGS

DEFENDANT
The person(s) below hereby request permission to broadcast, televise, photograph or otherwise record
proceedings in the above captioned case under the provisions of Ohio Superintendence Rule 12, We hereby certify that
the conditions for recording established by the Supreme Court of Ohio and such rules as are established by this court will
be complied with and any cost arising therefrom shall be borne by the undersigned applicant.

Listed below are signatures of attorneys, parties, or witnesses who have specifically granted their consent to
authorization of this request. (See Exhibit "A” for additional signatures). I

ENTRY GRANTING APPROVAL

The Court, upon consideration of the above request, hereby grants its authorization to broadcast, televise,
photograph or otherwise record judicial proceedings in the above captioned matter subject to the following conditions:

No witness, victim or juror who has objected will be recorded until the Court has determined that there is no
reasonable cause for such objection. .

Further conditions are as follows:

jM __

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 EXHIBIT 4

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1

HAMILTON COUNTY MUNICIPAL COURT

HAMILTON COUNTY, OHIO

sWr
PLAINTIFF
/ Qkio : No. 2kM(W7L
-vs- APPLICATION REQUESTING PERMISSION
: TO BROADCAST, TELEVISE, PHOTOGRAPH,
RECORD COURTROOM PROCEEDINGS

DEFENDANT

The person(s) below hereby request permission to broadcast, televise, photograph or otherwise record
proceedings in the above captioned case under the provisions of Ohio Superintendence Rule 12, We hereby certify that
the conditions for recording established by the Supreme Court of Ohio and such rules as are established by this court will
be complied with and any cost arising therefrom shall be borne by the undersigned applicant.

Listed below are signatures of attorneys, parties, or witnesses who have specifically granted their consent to
authorization of this request. (See Exhibit "A" for additional signatures).

Consent Jf''iC-Q C
_ Applicant

ENTRY GRANTING APPROVAL

The Court, upon consideration of the above request, hereby grants its authorization to broadcast, televise, I
photograph or otherwise record judicial proceedings in the above captioned matter subject to the following conditions:
|
No witness, victim or juror who has objected will be recorded until the Court has determined that there is no
reasonable cause for such objection.

Further conditions are as follows: I

. !
—-— ]

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 IN THE COURT OF APPEALS
FIRST APPELLATE DISTRICT OF OHIO
HAMILTON COUNTY

STATE OF OHIO, ex rel. THE : CASE NO.

CINCINNATI ENQUIRER, a Division
of Gannett GP Media, Inc. : Original Action in Prohibition
312 Plum Street
Cincinnati, OH 45202 :

and :

STATE OF OHIO, ex rel. SCRIPPS :

MEDIA, INC. D/B/A WCPO-TV
1720 Gilbert Avenue :
Cincinnati, OH 45202

Relators,

vs.

HONORABLE DONTE JOHNSON

Hamilton County Municipal Court :
1000 Main Street
Cincinnati, OH 45202 :

Respondent. :

AFFIDAVIT OF GRIFFIN R. REYELTS IN SUPPORT

OF COMPLAINT FOR WRIT OF PROHIBITION

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 John C. Greiner (0005551)
Griffin R. Reyelts (0102240)
Faruki PLL
201 East Fifth Street, Suite 1420
Cincinnati, OH 45202
Telephone: (513)632-0315
Fax: (513)632-0319
Email: jgreiner@[Link]
greyelts@[Link]

Counsel for The Cincinnati Enquirer, a

Division of Gannett GP Media, Inc.,
and Scripps Media, Inc. d/b/a WCPO-
TV

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 STATE OF OHIO )
) SS:
COUNTY OF HAMILTON )

I, Griffin R. Reyelts, being first duly sworn and cautioned, state that I

am over the age of eighteen, have personal knowledge of, and am competent to

testify to, the following facts:

1. I am an attorney licensed to practice law in the State of Ohio,

and one of the attorneys representing Relators The Cincinnati Enquirer, a Division

of Gannett GP Media, Inc. and Scripps Media, Inc. d/b/a WCPO-TV, in the above¬

captioned matter.

2. The facts set forth in the Complaint for Writ of Prohibition are

largely based on public records, and are true and correct to the best of my

knowledge and belief.

REST OF PA GE INTENTIONALL Y LEFT BLANK

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 FURTHER AFFIANT SAYETH NAUGHT.

Griffin R. Rey/lts

Sworn to and subscribed by Griffin R. Reyelts in my presence this 9th

day of March, 2026.

4903-3819-5862.1

KELLY FINN
Notary Public - State of Ohio
Commission Expires Feb 16, 2031

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