IN ME FRANKLIN COUNTY MUNICIPAL COURT

ENVIRONMENTAL DIVISION
COLUMBUS, OHIO
STATE EX REL.
COLUMBUS CITY ATTORNEY
ZACH KLEIN.,
2019 EN 60 3 0 5
RELATOR-PLAINTIFF, CASE No.

v. JUDGE: Stephanie Mingo

DOROTHEA A. HADLER, ET AL., PARCEL NO. 010-110860

RESPONDENTS-DEFENDANTS.

TEMPORARY RESTRAINING ORDER

This matter came before the Court on May 31st, 2019 on Relator's request for an ex

parte temporary restraining order filed in conjunction with a Complaint and Motion for

Preliminary and Permanent Injunctive Relief. In light of the circumstances, this motion was filed

ex parte. For purposes of the temporary restraining order, the Court finds that the Relator has

established that Respondent-Defendant Dorothea Hadler is the record owner of the property

located at 5322 North High Street, Columbus, Ohio. All Respondents-Defendants are persons in

charge, care, and control, and/or are employees, agents or lessees of 5322 North High Street in

Columbus, Ohio Parcel ID Number 010-110860 or hold a financial interest which could be

affected by Relators Motion for Preliminary and Permanent Injunctive Relief

On information and belief, Relator asserts the following:

1. The property located at 5322 North High Street, Columbus, Ohio 43214 (hereinafter

"Premises") has the general reputation of being a place where lewdness, assignation, or

prostitution occurs.
2. In February 2019, the Franklin County Sheriffs Office (hereinafter "FCSO") Special

Investigations Unit (hereinafter "SIU") began investigating the Premises regarding

potential human trafficking or prostitution activity occurring at the Premises after

locating the Premises on Rub Maps.

3. On February 27, 2019, FCSO STU Undercover Detective #1089 (hereinafter "UC")

conducted an undercover operation at the Premises. The UC was greeted by an

undercover Asian female (hereinafter "UAF"). The UC handed the UAF sixty dollars

($60.00) of Franklin County Law Enforcement Trust Funds (hereinafter "LETF") in

exchange for an hour-long massage. The UC was asked to sign a business ledger and

did not observe any signage inside the building stating "No Sexual Activity." The

UAF escorted the UC back to a dim lit room and asked the UC to remove all of his

clothing and lay face down. During the massage, the UAF began to massage and

tickle around the UC's anus and genital region in an attempt to arouse the UC. Once

the UAF was finished with massaging the backside, she asked the UC to roll over and

immediately began to touch and massage around the UC's penis. The UAF asked the

UC if he liked what she was doing to which the UC responded that he did and asked

how much it woull. cost extra. The UAF did not respond and began stroking the

UC's genital in an ttempt to sexually stimulate the UC. The UC then stated to the

UAF that he decided not to have the UAF continue touching him because he had a

girlfriend. The UAF stopped touching the UC's genital area and then began to

massage the UC's head area. Once the massage was complete and the UC left the

room, he was greeted by the UAF who asked for a tip. The UC handed the UAF an

extra twenty dollars ($20.00) of the LETF and left the Premises.
4. On March 7, 2019, Lieutenant Bryan Bachelder of FCSO sent Dorothea Hadler,

owner of the Premises, a letter via certified mail notifying her of the illegal activity

occurring.

5. On March 11, 2019, the letter was delivered per USPS tracking to the owner.

6. On April 5, 2019, Undercover Detective #881 of the FCSO SIU (hereinafter "UC")

conducted an undercover operation at the Premises. The UC entered the Premises

and was greeted by a UAF. The UC recognized the UAF to be the same UAF that

conducted the massage referred to in Paragraph 12. The UC gave the UAF sixty

dollars ($60.00) of LETF in exchange for a one (1) hour massage. The UC was asked

to sign a business ledger and did not observe any signage inside the building stating

"No Sexual Activity." The UAF escorted the UC to a dim-lit room and asked the UC

to remove all of his clothing. During the massage, the UAF began to massage the

UC's buttocks and tickle around the UC's anus and genital region. Once the UAF

was finished massaging the UC's backside, she asked the UC to roll over to his back

and immediately began to touch and massage around the UC's Penis. The UAF

asked if the UC liked what she was doing, to which the UC responded by nodding.

The UAF then began to stroke the UC's genitals in an attempt to sexually stimulate

the UC. The UC's phone began to ring and he sat up and asked the UAF to stop the

act. The UAF stopped and left the room, then returned shortly with a piece of candy.

The UC handed the UAF twenty dollars ($20.00) from the LETF and left the

Premises.

7. On April 5, 2019, UC #1089 of the FCSO SIU conducted an undercover operation at

the Premises approximately an hour after the operation mentioned in Paragraph 6.

 The UC entered the Premises and was greeted by an UAF that he immediately

recognized from previous massages at two other locations in Columbus. The UC

handed the UAF sixty dollars ($60.00) in exchange for a one (1) hour massage. The

UC was asked to sign a business ledger and did not observe any signage inside the

building stating "No Sexual Activity." The UAF escorted the UC to a dim-lit room

and asked that he remove all his clothing and lay face down. During the massage, the

UAF began to massage and tickle around the UC's anus and genital region. Once the

UAF was finishing massaging the UC's backside, she asked the UC to roll over and

immediately began to touch and massage the UC's penis. The UAF asked if the UC

liked what she was doing, to which he responded that he did and asked how much it

would cost extra. The UAF did not respond and began to stroke the UC's genitals in

an attempt to sexually stimulate the UC. The UAF also began to touch and pinch the

UC's nipples. The UC then told the UAF that he no longer wants her to continue

because he is married. The UAF stopped and began massaging the UC's head area.

The UC left the room after the massage and was greeted by the UAF who then gave

him a bottle of water and a coupon for five dollars ($5.00) off the next visit. The UC

did not give the UAF a tip because she did not ask for one and the UC left the

Premises.

8. On 21, 2019, UC #1089 of the FCSO SIU conducted an undercover operation at

the Premises. The UC entered the Premises and was greeted by an UAF who told the

UC that it would cost sixty dollars ($60) for one (1) hour and the UC handed her one

hundred dollars ($100) from the LETF. The UAF asked the UC to sign a business

ledger. The UC did not observe any signage inside the building stating no sexual
 activity. The UAF escorted the UC to a dim-lit room and asked him to remove all of

his clothes and lay face down. During the massage, the UAF made her way to the

UC's buttocks, then she began to massage and tickle around the UC's anus and

genital region. Once the UAF was finished massaging the UC's backside, she asked

him to roll over onto his back. When the UC did so, the UAF began to tickle around

the UC's genital region and asked if that was okay, to which the UC asked how much

it would cost him extra. The UAF put her fmger up to her mouth and told the UC to

be quiet. The UC stated that it was ok for her to continue and the UAF retrieved oil

to continue the massage. The UAF dripped oil all over the UC's genitals and began

to stroke the UC's penis in an up and down motion in an attempt to sexually stimulate

the UC. The UC immediately pushed the UAF's hand away and told the UAF that he

had a girlfriend at home and did not want to continue. The UAF looked at the UC in

an awkward manner and her demeanor changed asking if the UC was the police. The

UC responded that he was not the police and merely wanted her to stop because he

had a girlfriend. Moments later the UAF removed the towel that was placed over the

UC's penis and stated to the UC to touch himself. The UC did touch himself at which

point the UAF stated, "okay, I trust you now." The UAF finished the massage and

began to wipe off the oil with a hot towel. The UC told the UAF to keep the

remaining change from the one hundred dollars ($100) that he had given her when he

first arrived. The UC then got dressed and left the area.

9. On May 22, 2019, UC #881 of FCSO SIU conducted an undercover operation of the

Premises. The UC entered the location and was greeted by an UAF. The UAF told

the UC that it will cost sixty dollars ($60) for a one (1) hour massage. The UC gave
 the UAF one hundred dollars ($100) from the LETF. The UAF had the UC sign a

business ledger and UC did not observe any signage indicating no sexual favors.

The UAF then escorted the UC to a dim-lit room and asked him to remove all of his

clothing and lay face down. The UAF brought back forty dollars ($40) in change and

advised the UC that she would place the money near his clothing. The UAF then

began massaging the UC's back and made her way to the UC's buttocks, and began to

tickle around the U 's anus and genital region. Once the UAF finished massaging

the backside of the UC, she asked him to roll onto his back. The UC did so and the

UAF squirted a lub7cant on her hands and then placed a paper towel on the UC's

stomach. The UAF then immediately began to touch and massage around the UC's

penis and asked the UC if he liked this, to which the UC nodded his head in an

upward and downward motion. The UAF began to stroke the UC's genitals in an

attempt to sexually stimulate the UC. The UC then advised the UAF that he had to

leave due to work and the UAF stopped touching the UC's genital. The UAF left the

room and returned with a cloth and a bottle of water. The UC told the UAF that he

did not want the water and she advised him to come back next week. The UC then

handed the UAF twenty dollars ($20) in tip and exited the Premises.

Pursuant to Ohio Civil Rule 65 (A), and R.C. 3767.04(B)(2), this Court hereby enters

this temporary restraining order. The Court finds that Relator has made a preliminary showing

that continued illegal activity at 5322 North High Street in Columbus, Ohio, will cause

immediate and irreparable harm to the surrounding community. The Court finds the criminal

activity occurring at the Premises constitutes an imminent danger for those at the Premises and

for those around the Premises

 Furthermore, pursuant to Civil Rule 65, Relator has established that exigent

circumstances exist to support the issuance of an ex parte restraining order in accordance with

the Ohio Revised Code.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:

The Relator has established by clear and convincing evidence that the illegal activity

occurring at the Premises located at 5322 North High Street in Columbus, Ohio, continues to

cause irreparable harm to the community and that the property is a nuisance per se as defined in

R.C. § 3767.01 and R.C. § 3767.02, and in Columbus City Code § 4703.

It is the further ORDER of this Court that all occupants of 5322 North High

Street in Columbus, Ohio, be forcibly removed from the Premises forthwith. Said occupants

may be forcibly detained during the execution of this order. Furthermore, the Premises shall be

closed, padlocked, boarded, or secured as deemed necessary by the Chief of the Columbus Police

Department, Franklin County Sheriff, or his or her designee(s) against its use for any purpose

until a final decision is rendered on the complaint for Preliminary and Permanent Injunctive

Relief as required by R.C. § 3767.04. This temporary restraining order shall apply to and

prohibit usage of or entrance onto aitstellItikei*OF -foe& el', the premises for any purpose—

no vehicles or persons are to be anywhere on the parcel.

It is further ORDERED that this temporary restraining order shall apply to

the parcel in its entirety. No person may enter and/or occupy 5322 North High Street in

Columbus, Ohio, including any portion of the parcel. Any violation of this order, including

mutilation of this order, is contempt of court, punishable as a first degree misdemeanor.

It is further ORDERED that only necessary personal property located on the premises be

removed by the occupants prior to closure and under the direction of the Franklin County
Sheriffs Office. The Franklin County Sheriff's Office and/or Columbus Police Department is

authorized to inventory personal property located on the premises; however, only items related to

or in connection with the illegal conduct must be inventoried and accounted for. The Franklin

County Sheriffs Office and/or Columbus Police Department may, however, also remove and

secure at an off-site location highly mobile and valuable property, including but not limited to

such personal property as automobiles, cash, jewelry and electronic equipment which may be at

risk of theft during the pendency of this ORDER.

This case is continued for further preliminary hearing on the merits of Relator's

Complaint for Preliminary and Permanent Injunctive Relief on the day of ,2019

at .M. in courtroom 15B, located on the 15th floor of 375 S. High Street,

Columbus, Ohio 43215. This Order shall remain in effect until that time or as otherwise ordered

by this Court.

This order shall be served upon the Respondents-Defendants by the Franklin County

Sheriff's Office or Relator's Counsel; the order may be served by posting a copy of it in a

conspicuous place at or upon one or more of the principal doors or entrances of the property.

The closing of said premises at 5322 North High Street in Columbus, Ohio with forcible entry

and removal of all occupants shall be effectuated by the Franklin County Sheriff's Office with

the assistance of Columbus Code Enforcement. Based on the Affidavit submitted with the

Complaint and Motion, the Court fmds that notice of entry upon the premises could result in

destruction, concealment or removal of contraband, illegal narcotics or property and could create

a serious risk of physical ha7 to law enforcement officers or other authorized individuals in the

execution of this ex parte Order.

IT IS SO ORDERED.
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