YOUNGSTOWN - The Ohio Film Office is trying to get a federal lawsuit from the Youngstown Regional Film Commission thrown out of court. The film office argues the claims made in the lawsuit don't have a legal basis and shouldn't be heard in federal court.

Frederick D'Amico, who established the Film Commission in 2015, accuses the Ohio Film Office of interfering with his group's business, conspiring against them, and attempting to coerce or extort them.

He claims the state film office, working with Youngstown city officials, unfairly favored the city's film commission, the Youngstown Film Office, which hurt D'Amico's efforts to boost the film industry in the area.

In its request to dismiss the case, filed Friday, the Ohio Film Office, represented by the state Attorney General's office, says the federal court isn't the right place to hear the state-level claims, like interference and conspiracy.

An attorney for the state explained that a rule known as the "Eleventh Amendment" prevents people from suing state agencies in federal court for these kinds of issues. He said the claims against the Ohio Film Office, which is part of the Ohio Department of Development, should instead go before the Ohio Court of Claims.

The Ohio Film Office also argued that D'Amico's federal claims of "coercion/extortion" are invalid. They pointed out that the federal laws D'Amico cited are criminal statutes, meaning they're meant for prosecuting crimes and don't allow private citizens to sue for damages.

 The motion stated that these laws "do not provide a private right of action for civil damages," making them unsuitable for D'Amico's lawsuit.

D'Amico's complaint centers on a change in policy by the Ohio Film Office. He says the office started requiring local government endorsement for any film commission listed on its website. 

In an email to 21 News, D'Amico alleges that the state removed his organization from its website without warning.

The Ohio Film Office maintains that even if those federal criminal laws allowed individuals to sue, they would still be protected by the Eleventh Amendment because Ohio hasn't permitted to be sued in federal court for such claims.

The lawsuit also targets the Youngstown Film Office and Youngstown Mayor Jamel Tito Brown, among other individuals.

D’Amico has yet to respond to the Ohio Film Office's request to dismiss the case.