City of Cleveland v. Maistros

Colleen Conway Cooney, Judge.

Defendant-appellant Joseph Maistros appeals his conviction in the Cleveland Municipal Court for importuning, in violation of R.C. 2907.07(B). Maistros asserts that the trial court erred in denying his motion to dismiss because R.C. 2907.07(B) violates the Equal Protection Clause of the United States Constitution. For the reasons below, we reverse Maistros’s conviction and vacate his sentence.

On November 8, 1999, Maistros, a student at Cleveland State University (“CSU”), sexually propositioned another male student, while the student was in a restroom stall using…