I disagree if the soccer game is a school event, for example, she plays on a school team that is using the parks soccer fields, he is risking a felony, as per ORC2923.122 and ORC2901.01.
Most youth soccer leagues are not a "school activity" held under the auspices of some board of education. The OP made no mention that the event he is observing is a “school activity.”
In any event, what little case law that exists addressing "school activity," not one deals with a "school activity" off of school property.
And it would be absurd to believe that just because a school activity is being held on public property open to the public that that school activity would somehow now becomes a “school zone.” In effect, stripping the citizen of their constitutional rights.
Example: Lets say there is some guy sitting on a park bench eating an Egg-McMuffin. We'll call this guy Chuck. And Chuck has two 1911's; one holstered on each hip. And not to be out done, Chuck also has a third 1911 in a chest holster. Unbeknownst to Chuck the local school has a field trip to the local park. The same park Chuck is enjoying and eating his Egg-McMuffin. While Chuck is sitting on the bench a school bus pulls into the lot and twenty-five fourth graders invade the picnic tables just feet from where Chuck is sitting. Based on Chuck's scenario he just became a felon.
The same above example, but Chuck is walking a walking path that encompasses the public soccer fields. Unbeknownst to Chuck, the soccer game being played is a “school activity” and just because Chuck walks by, per Chuck, he is an instant felon.
Absurd.
Let's look in part at ORC 2923.122(A) and (B). (A) No person shall knowingly convey, or attempt to convey, a deadly weapon or dangerous ordnance into a school safety zone.
(B) No person shall knowingly possess a deadly weapon or dangerous ordnance in a school safety zone.
Both (A) and (B) use the term “
Knowingly.”
2901.22(B)
A person acts knowingly, regardless of purpose, when the person is aware that the person's conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when the person is aware that such circumstances probably exist. When knowledge of the existence of a particular fact is an element of an offense, such
knowledge is established if a person
subjectively believes that there is a high probability of its existence and fails to make inquiry or acts with a conscious purpose to avoid learning the fact.
Subjective is the opposite of objective, which refers to things that are more clear-cut. That Earth has one moon is objective — it's a fact. Whether the moon is pretty or not is
subjective — not everyone will agree. Facts are objective, but opinions are
subjective.
Believe is to accept (something) as true; feel sure of the truth of, or hold (something) as an opinion; think or suppose.
Being in a public park does not lead to a subjective belief that you are in a “school zone/school activity.”
2923.122(A) uses the word
“into” and 2923.122(B) uses “
in.”
Definition of “into” - preposition: into - Expressing movement or action with the result that someone or something becomes enclosed or surrounded by something else.
Definition of “in” - preposition: in - Expressing the situation of something that is or appears to be enclosed or surrounded by something else.
Now, sitting in the bleachers observing or observing from the walking track is
not knowingly entering into a school safety zone, nor is it
knowingly being in a school safety zone.
Living your life based on crying the sky is falling or telling everybody the sky is falling gets a little old.
We cannot stop stupid cops from stupid things. And we cannot stop stupid people from stupid things.
MWAG calls where stupid cops and/or stupid people end-up violating someones rights usually ends up taxing the public.
Nothing more, nothing less.
