Wednesday, March 20, 2002
Warren J. Hays, who has billed himself for years as Santa Claus, according to his lawyer, filed a lawsuit Tuesday in Trumbull County Common Pleas Court contending that city patrolman Eric Merkel arrested him "maliciously and without probable cause."
Police arrested Hays in January on a misdemeanor charge of falsification. They said his state-issued identification card lists his name as Santa Claus.
Faces misdemeanor charge: That charge was dismissed Feb. 26 in municipal court, but Hays is to appear April 1 to answer a misdemeanor charge of committing a prohibited act, court officials said -- knowingly giving false information to government officials.
"For over 20 years Warren Hays has been, and is, Santa Claus," said his attorney, Michael Rossi. "He has gone to eight or nine different states and has used more than $150,000 of his own money to make kids happy.
"If anyone else can come to court and present a more legitimate Santa Claus than this guy, then we will plead to the charge."
Hays is out of town and could not be reached. It is unclear if he is up north. Merkel also could not be reached.
Seeking damages: Hays is asking for damages in excess of $125,000, contending in the suit that because of Merkel, he has "suffered great harm to his good name and reputation in this community and throughout the several communities he visits each year at Christmas."
Hays contends Merkel arrested him only because Merkel's sister-in-law was "annoyed by plaintiff's persona on or about 12/20/01."
Rossi said Hays, in his Santa get-up, was backing his motorized sleigh at Martin Chevrolet and backed into the officer's sister-in-law's vehicle. The attorney said Hays gave the woman a check for about $400 to cover the damage.
"What started this investigation was that the check he gave her said Santa Claus on it, but they are good checks -- he pays me with those checks," Rossi said.
"But, she got the check, saw that it said Santa Claus, and called her brother-in-law."
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