From a May 5 decision by the Ohio Court of Appeals in City of Nelsonville v. Nguyen, decided by Judge Michael Hess, joined by Judges Jason Smith and Kristy Wilkin:
The State of Ohio, City of Nelsonville appeals the judgment rendered in this criminal case involving an offense of disturbing a lawful meeting. The State contends that the trial court erred when it added the element of "substantial" to the offense of disturbing a lawful meeting under R.C. 2917.12(A)(1) to its jury instructions….
The State presented witness testimony from the Nelsonville City Council President, Gregg Clement, that the Nelsonville City Council held a regular meeting on April 14, 2025 at which two new council members were to be sworn in following the roll call. However, after roll call and before the swearing in, [former City Council President] Nguyen stepped forward and began speaking.
Clement called Nguyen to order and instructed her that it was not the appropriate time to speak and that she could make comments during the citizens' comment period. Nguyen continued to speak, and Clement called her to order a second time and again instructed her that she could speak under the citizens' comment period. Nguyen continued to speak and Police Chief Devon Tolliver, who was providing security for the meeting, stepped in and tried to get Nguyen to stop speaking, but she continued so Chief Tolliver removed her from the council meeting.
Clement called a recess of the meeting for approximately 10 to 15 minutes to allow everyone to regain composure. Following the recess, the meeting was resumed, there were no further interruptions, council business was conducted, and the meeting concluded. Clement testified that he believed that Nguyen had the misconception that she was the Nelsonville City Council President and could speak anytime during the meeting. However, because Nguyen had resigned from council several weeks earlier, Clement understood that Nguyen was no longer a member of council.
Nguyen testified that she believed that she was the city council president during the April 14, 2025 meeting and had the right to speak when she did without waiting until the citizens' comment period. Nguyen testified that it was her intent to speak for two minutes. A video recording of the meeting was played for the jury. The video shows Nguyen speaking and arguing with council president and the police chief continuously for approximately three and one-half minutes. Nguyen continues to argue loudly with law enforcement off camera as she is removed from the meeting, such that Clement called a recess for approximately 10 to 15 minutes….
Nguyen was charged with a violation of Ohio Rev. Code 2917.12(A)(1):
