2009 October — Ohio Constitution.org

A victory came on October 19, 2009 for Ohio bars and restaurants facing fines for breaking the state smoking ban. “This essentially required the small businesses to enforce the smoking ban for government, Thompson said, “It’s the government’s law and the state should be required to enforce its own laws. That’s what the statute said and that’s what the court has said.”

“I think we’ve been cited about 12 times and it’s up to about $33,000,” Dick Allen said. He owns Zenos Bar in the Harrison West neighborhood of Columbus.

The state’s 10th District Court of Appeals ruled that the way the ban is enforced is unfair, 10TV’s Kurt Ludlow reported. It all came down to two words “permit smoking.”

1851 Center Executive Director Maurice Thompson said the law was requiring small business owners to enforce the smoking ban. “This essentially required the small businesses to enforce the smoking ban for government, Thompson said, “It’s the government’s law and the state should be required to enforce its own laws. That’s what the statute said and that’s what the court has said.”

The court ruled if a business posts signs prohibiting smoking, and notifies customers that smoking is not allowed, the business should not be charged with permitting smoking just because a patron is caught doing so.

A Toledo bar challenged a $500 fine it received after a Lucas County health department worker caught a patron smoking inside the bar. In the lawsuit, the Pour House of Toledo argued that they were improperly cited because they had posted signs and told patrons to refrain from lighting up. Thompson said no one smoking in a bar has been fined as an individual. “Now they’re going to have to start investigating whether the patron is smoking without the permission of the owner, or whether the owner gave permission to the patron,” Thompson said.

Allen said he would help the state enforce the law if they paid him. “If the state wants me to be their police officer, they should be paying me $30,000 and then I’d be happy to do it,” Allen said. Zenos Bar has not paid any of the fine money.

October 19, 2009 – 10TV: Court Rules Smoking Ban Enforcement Method is Unfair

August 20, 2009 – ONN: Smoking Ban Lawsuit Goes Before an Appeals Court

October 15, 2009: Appellate Court’s Decision

July 21, 2011: On July 21, Manna Storehouse and the Stowers family, notoriously raided by a Health and Agriculture Department-led SWAT team for not maintaining a “retail food establishment” in operating their small, private-membership organic food cooperative in LaGrange, Ohio, moved the Supreme Court to protect their rights.

The Stowers argue that the state’s imposition on their property rights and right to earn a living requiring the utmost scrutiny, and must be protected. They further argue that requiring government permission and licensure to operate their safe private cooperative converts state government to one of unlimited powers, transgressing the limits of state power, while violating their rights.

1851 Center Director Maurice Thompson noted “this case represents a paradigmatic struggle over the role of government in our lives: may government require an onerous-to-acquire permission slip to engage in the most of basic human activities, merely by waiving the banner of ‘public health’ (which can justify anything), or do property rights, and the right to use one’s property to earn a living in particular, still matter?”

October 10, 2009: The 1851 Center is defending Manna Storehouse and its owners, the Stowers family, in a case involving unreasonable forceful searches and seizures conducted by the Ohio Department of Agriculture and the Lorain County Health Department. The center seeks to halt such raids and obtain a declaration that a private membership food cooperative does not require extensive licensing and inspection. The center successfully obtained a court order for the return of over $10,000 in food seized by authorities.

Currently, the center is appealing the trial judge’s ruling that deems it constitutional to destroy, through regulation, a private membership organic food cooperative.

December 19, 2008: The 1851 Center for Constitutional Law today took legal action against the Ohio Department of Agriculture (ODA) and the Lorain County Health Department for violating the constitutional rights of John and Jacqueline Stowers of LaGrange, Ohio. The Stowers operate an organic food cooperative called Manna Storehouse. ODA and Lorain County Health Department agents forcefully raided their home and unlawfully seized the family’s personal food supply, cell phones and personal computers. The legal center seeks to halt future similar raids. The complaint was filed in Lorain County Court of Common Pleas.

“The use of these police state tactics on a peaceful family is simply unacceptable,” Buckeye Institute President David Hansen said. “Officers rushed into the Stowers’ home with guns drawn and held the family – including ten young children – captive for six hours. This outrageous case of bureaucratic overreach must be addressed.”

The Buckeye Institute argues the right to buy food directly from local farmers; distribute locally-grown food to neighbors; and pool resources to purchase food in bulk are rights that do not require a license. In addition, the right of peaceful citizens to be free from paramilitary police raids, searches and seizures is guaranteed under the Fourth Amendment to the United States Constitution and Section 14, Article 1 of the Ohio Constitution.

“The Stowers’ constitutional rights were violated over grass-fed cattle, pastured chickens and pesticide-free produce,” Buckeye Institute 1851 Center of Constitutional Law Director Maurice Thompson said. “Ohioans do not need a government permission slip to run a family farm and co-op, and should not be subjected to raids when they do not have one. This legal action will ensure the ODA understands and respects Ohioans’ rights.”

On the morning of December 1, 2008, law enforcement officers forcefully entered the Stowers’ residence, without first announcing they were police or stating the purpose of the visit. With guns drawn, officers swiftly and immediately moved to the upstairs of the home, finding ten children in the middle of a home-schooling lesson. Officers then moved Jacqueline Stowers and her children to their living room where they were held for more than six hours.

Such are raids are beyond the scope of the purely administrative authority delegated to ODA and county health departments. In enforcing licensure laws, these agencies are only permitted to contract for routine enforcement services. Forceful raids and sweeping searches and seizures are not routine, and exceed the authority granted to ODA and county health departments.

The Buckeye Institute seeks an injunction against similar future raids, and a declaration that such licensure laws are unconstitutional as applied the Stowers and individuals like them.

There has never been a complaint filed against Manna Storehouse or the Stowers related to the quality or healthfulness of the food distributed through the co-op. The Buckeye Institute’s legal center will defend the Stowers from any criminal charges related to the raid.