IN THE COURT OF COMMON PLEAS
LUCAS COUNTY, OHIO

JOHN CLARKE, et al., : Case No. CI02004402472
Plaintiffs : Hon. Ruth Franks
:
-vs-
:
:
SUNOCO, INC. (R & M), :
Defendant :
:
:
:

AFFIDAVIT IN SUPPORT OF MOTION TO QUASH FILED BY OHIO CITIZEN ACTION, INC.
STATE OF OHIO
COURT OF COMMON PLEAS OF LUCAS COUNTY, OHIO
AFFIDAVIT OF RACHAEL BELZ
  1. My name is Rachael Belz and I am competent to submit this Affidavit and have personal knowledge of its contents.


  2. My business address is 2330 Victory Parkway, Suite 305, Cincinnati, OH 45206 and I am employed by Ohio Citizen Action.


  3. My work with Ohio Citizen Action, Inc. as Associate director involves helping to organize neighbors of industrial polluters, conducting research, educating the public, training citizens and staff, fundraising, working with the media, meeting with industrial polluters and coordinating volunteers.


  4. I have worked in community outreach in the neighborhood, predominantly within, but not limited to, one mile near the defendant Sun Oil Company's refinery in Oregon, Ohio.


  5. I have been involved with and/or managed Ohio Citizen Action's Sun Oil Good Neighbor Campaign from December 10, 2003 to the present in the following ways: canvassing, managing volunteer canvassers, managing associate staff, training phone staff, researching Sun's pollution at Toledo Environmental Services, meeting with management at Sun Oil and organizing and attending neighborhood meetings.


  6. I attended three Sunoco Neighbor Task Force meetings, organized by staff and paid consultants of Sun Oil, on December 10, 2003; January 21 and February 18, 2004.


  7. Ohio Citizen Action helped organize the East Toledo-Oregon Environmental Group, numbering 55 households, consisting of neighbors who had made complaints about Sun Oil's pollution and/or neighbors interested in urging Sun Oil to eliminate or reduce it's pollution and odors reaching the community. Various members of the East Toledo-Oregon Environmental Group expressed a concern about intimidation of neighbors by Sun Oil and/or were afraid that neighbors or relatives who work at the plant would be jeopardized.


  8. During a neighborhood volunteer canvass on August 14, 2004, I and other volunteer canvassers met with approximately 375 citizens and obtained 340 responses for adults and 134 responses for children, for a total of 474 responses. Twenty-nine of the 474 responses were recorded as "no health effects." Approximately 35 neighbors who were canvassed did not fill out the health questionnaire.


  9. The questionnaire was completed by the interviewee. The interviewee checked boxes of health effects as they related to adults in the household. The interviewee also checked boxes of same health effects, listed separately, as they related to children in the household, if any. Interviewees were asked whether the children, if any, attend Coy Elementary School. The interviewee's name, address, city, zip code, phone number and email address were written by the interviewee. Any additional information or notes, if any, were written by the volunteer canvasser.


  10. The streets in Oregon and East Toledo, Ohio that were canvassed on August 14 with the health questionnaire were Mason, Dearborn, Howland, Forsythe, Butler, Berry, Toul, Metz, Garner, Blandin, Sunshine, Bonnie, Clyde, Taft, Cawdor, Price, Thurston, Bethany, Coyne, Nevada, Dover, 3rd Street, Brown, Groll, Creseus, White, Albert, Hurd, Jersey, Vinal, Basswood, Hirzel, Freedom, Mambrino, Liberty, Greenwood, Raymer, Remington, Akron, Watts, Lakewood, Byron, Arden, Delence, Reswick, Pieper, Hebron, Patchen, Glenross, Norcross, Oakmont, Valleywood, Lebanon, Broadway, Willard, Pool, Oak, Woodville, Oakdale, and Federal.


  11. The method of canvassing was to knock on the doors of residents of the aforementioned streets. The volunteers stated their name, and that they are with Ohio Citizen Action. They told the potential interviewee that "we've been working with your neighbors on health issues in the community. We're asking everyone to answer some quick health questions for us today." The volunteer canvasser then handed the clipboard with the health questionnaire to the interviewee. After the health questionnaire was completed, the volunteer canvasser said "Thank you. The Sun Refinery is a major polluter in the area. We know they can do better so we're collecting postcards to the plant manager and the CEO to urge them to reduce pollution." After the interviewee either filled out or declined to fill out the postcard, the volunteer canvasser handed out information about Sun Oil's pollution as reported to Toledo Environmental Services, and a magnet with the Toledo Environmental Services air and odor complaint hotline numbers. The volunteer canvassers encouraged interviewees to call in air complaints of all types. The volunteer canvassers also handed out a tip sheet of information of other ways to get involved in the Sun Oil Good Neighbor campaign, and thanked the interviewees for their participation.


  12. Persons responding to the canvass were advised the information was to obtain an overall sense of the health effects in the neighborhood as compared to health symptoms reported by members of the East Toledo-Oregon Environmental Group.


  13. Persons being canvassed were advised that the information regarding health effects might be summarized, without identifying information, and be placed on the Ohio Citizen Action website, released to local press or given to various health officials responsible for environmental health issues in Lucas County, Ohio.


  14. At no point did any volunteer canvasser tell interviewees that the health questionnaires would be turned over to Sun Oil or its lawyers.


  15. I did not see the lawsuit in this matter prior to any planned neighborhood canvass to support a Good Neighbor Campaign.


  16. Eleven persons who participated in the health questionnaire are members of the East Toledo-Oregon Environmental Group.

Further your affiant says nothing.

SUBSCRIBED AND SWORN TO BEFORE ME THIS 19TH DAY OF OCTOBER 2004.

____________________________________________
Rachael Belz

____________________________________________
Notary Public in and for the County of Hamilton.

My Commission Expires:______________________