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A Citizens Guide to Reducing Your School District Tax Burden

January 3, 2012 By

Ohio school districts continue to surrender to political pressure at the collective bargaining table, failing to curtail school employees’ lucrative compensation packages. And while this undisciplined spending could manifest itself in the form of reasonable lay-offs or pay-cuts, history demonstrates it to be more likely that Ohioans across the state will soon confront a flurry of school district levy elections, oriented towards raising their property or income taxes.

So long as local taxpayers apply less pressure than public sector unions, this trend will continue. This guide is intended to teach you how to apply much-needed political pressure, and induce fiscal restraint, rather than profligacy, through the ballot box.

This Guide is a tutorial on how to use heretofore obscure parts of the law to, alongside the initiative process, to roll back either a recently-enacted, or even a not-so-recently-enacted school levy tax.

Download the Citizens Guide to Reducing Your School District Tax Burden here.
Download a Petition for Repeal of School District Income Tax here.
Download a Petition for a Levy Decease here.

Filed Under: Featured Post, Frontpage Posts, Gallery, Tax and Spending Challenges

Workplace Freedom Amendment

November 1, 2011 By

COLUMBUS – The 1851 Center for Constitutional Law today submitted to the Ohio Attorney General, on behalf of liberty groups and business leaders, initial signatures and summary language to begin the process of adding protections against forced union participation to Ohio’s Bill of Rights.

The Ohio Workplace Freedom Amendment, which would “guarantee the freedom of Ohioans to choose whether to participate in a labor organization as a condition of employment,” will appear on the November 2012 ballot if 386,000 signatures are submitted by early July.  Specifically the Amendment would provide that, in Ohio:

  • No law, rule, agreement, or arrangement shall require any person or employer to become or remain a member of a labor organization.
  • No law, rule, agreement, or arrangement shall require, directly or indirectly, as a condition of employment, any person or employer, to pay or transfer any dues, fees, assessments, other charges of any kind, or anything else of value, to a labor organization, or third party in lieu of the labor organization.

The Amendment would not prevent any person from voluntarily belonging to or providing support to a labor organization, or apply to agreements entered into or renewed prior to the enactment of this section.

Similar worker protection is provided in 22 other states, primarily in the south and west.  Ohio would be the first Midwestern state to pass such an Amendment.   Backers of the Amendment, which was drafted by the 1851 Center, include many of those who successfully implemented the 21st Section to Ohio’s Bill of Rights, the Health Care Freedom Amendment, as Issue 3 on November 8.  If passed, the Amendment would be the 22nd section in Ohio’s Bill of Rights.

“Ohio’s current unemployment rate remains over 9 percent – - it’s no coincidence that this rate of unemployment is much higher than in states that prohibit forced unionism, while private-sector job growth in those states has dramatically outpaced Ohio’s,” said Maurice Thompson, Executive Director of the 1851 Center.  “This Amendment will make it clear that Ohio is a safe place to start, locate, or keep a business, and also a safe place to gain employment without being commandeered by powerful political machines.”

Before circulators can begin gather signatures, the Amendment’s summary must be approved as “fair and truthful” by the Ohio Attorney General, and its text as one subject by the Ohio Ballot Board.  By law, the Attorney General and Ballot Board each have ten days to complete their respective processes.

Added Thompson “Ultimately, freedom to associate also means freedom not to associate – - it’s time for Ohio to end labor conditions that compel its citizens to participate in highly-politicized labor organizations, or instead pay a considerable penalty.”

Since the New Deal era, federal regulations have dramatically tilted labor markets in favor of unions, and have left little room for state autonomy.  However, states are explicitly permitted to end forced union participation within their borders.

For more detailed information and references that support the above statements, click the following link for the 1851 Center’s:

 

FULL TEXT OF THE AMENDMENT

Be it resolved by the people of the State of Ohio that Article I, Section 22 of the Ohio Constitution be adopted and read as follows:

ARTICLE I

Freedom to choose whether to participate in a labor organization as a condition of employment

Section 22 (A) No law, rule, agreement, or arrangement, shall require, directly or indirectly, any person or employer to become or remain a member of a labor organization.

Section 22 (B) No law, rule, agreement, or arrangement shall require, directly or indirectly, as a condition of employment, any person or employer to pay or transfer any dues, fees, assessments, other charges of any kind, or anything else of value, to a labor organization, or third party in lieu of the labor organization.

Section 22 (C) Nothing in this section shall (1) prevent any person from voluntarily belonging to or voluntarily providing support to a labor organization; or (2) apply to agreements entered into or renewed prior to the enactment of this section.

Section 22(D) No other provision of the Ohio Constitution shall impair or limit the rights contained herein.

Section 22(E) This section shall be implemented to the maximum extent that the United States Constitution and federal law permit.  Any invalid or inoperative provisions shall first be construed as not conflicting with federal law, and then, only if necessary, severed from remaining portions of the section, which shall remain in effect.

Section 22(F) Any person, directly or indirectly affected or threatened with any harm by a violation of this section, may bring a civil or equitable action to enforce this section, and upon prevailing shall be entitled to injunctive relief, reasonable attorney fees, costs, and other damages.

Section 22 (G) Definitions

(1)   “Labor organization” means any agency, union, employee representation committee, or organization of any kind that exists for the purpose, in whole or in part, of dealing with employers concerning collective bargaining, grievances, wages, benefits, rates of pay, hours of work, other forms of compensation, or other conditions of employment.

(2)   “Person or employer” includes all persons and employers in the state of Ohio, whether public or private, with the exception of the federal government of the United States and its employees.

(3)   Indirect requirements, include, but are not limited to the imposition of fines, penalties, or other costs or charges for, or the conditioning of public or private sector employment or employment opportunities on (a) failure to become or remain a member of a labor organization; or (b) paying or transferring dues, fees, assessments, other charges, or anything else of value to a labor organization.  Indirect requirement further includes payments to third parties in lieu of the payments prohibited above.

(4)   “Fines, penalties, or other costs or charges” includes but is not limited to any civil, criminal, contractual or other penalty; any fine, tax, or monetary charge; or any salary or wage withholding or surcharge or fee that is used to punish or discourage the exercise of rights protected under this section.

 

 

 

November 10, 2011 – Reuters – Tea Party Groups to Keep Pushing Right to Work

November 10, 2011 - Dayton Business Journal: Tea Party Group Pushes for Ohio Amendment  

November 11, 2011 - Columbus Dispatch: Ohio Voters Could See Right to Work Issue

November 12, 2011 - The New American: Ohio Could End Forced Unionization

Filed Under: Featured Post, Frontpage Posts

Election Day Victory on Ohio Health Care Freedom Amendment

August 12, 2011 By

On Nov. 8, Ohio voters voiced their strong opposition to overbearing and invasive federal health care mandates by passing the Ohio Health Care Freedom Amendment with 66% of the vote.  Drafted by the 1851 Center for Constitutional Law, the amendment preserves the freedom of Ohioans to choose their health care and health care coverage.

 

Click here for answers to Frequently Asked Questions about this measure.

Filed Under: Featured Post, Frontpage Posts, Gallery, News Releases

Manna Storehouse appeals to the Ohio Supreme Court

August 1, 2011 By

On July 21, 2011, 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 require 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?”

Case Story

The  1851 Center for Constitutional Law took legal action on December 19th, 2008 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,” said 1851 Center Executive Director Maurice Thompson. “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 1851 Center 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,”  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 1851 Center sought 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 1851 Center will defend the Stowers from any criminal charges related to the raid.

Filed Under: Featured Post, News Releases

Ohio Elections Commission: “We’re all PACs now.” 1851 Center will challenge constitutionality of Ohio Campaign Finance Law

June 24, 2011 By

On June 24, the 1851 Center filed a notice of appeal in the case of Ed Corsi, a political blogger and pamphleteer who distributed materials critical of his local elected officials.  After one of those same officials sought prosecution of Mr. Corsi, the Ohio Elections Commission took up the case.  The OEC concluded that because some friends and allies assisted Corsi in handing out pamphlets, the efforts of these individuals rendered them a “Political Action Committee,” even though they spent no funds in supporting or opposing candidates, and coordinated with no campaigns.  Any Ohioans designated as a PAC must register with the state prior to engaging in political speech, and must comply with onerous reporting requirements.

The 1851 Center argues the law under which Corsi is being charged is not only vague in language, but violates his right to speak anonymously, is an unconstitutional prior restraint on core political speech, and violates freedom of association.  Meanwhile, Ohio’s Constitution contains broad protections for speech and press that afford new media the same protections as the mainstream press.

“The right to criticize one’s government cannot be conditioned on that government’s prior permission,” according to 1851 Center Director Maurice Thompson.  “Under the Ohio Elections Commission’s decision, every tea party group, every protest, and every signature-gathering or pamphleteering effort in the state is a Political Action Committee that must register with the state or face $1,000 fines, and even apolitical associations run this risk, if associating with those engaged in political speech.”  Said Thompson, “This ruling isn’t an aberration – - it represents the outward limit of a corrupt philosophy that prohibits the average Ohioan from fully engaging in political debates.”

Filed Under: 1851's Recent Actions, 1851's Recent Posts, Featured Post, Frontpage Posts, Gallery

High Court will Review Smoking Ban Constitutionality

April 6, 2011 By

COLUMBUS – The Supreme Court of Ohio today agreed to become the first state supreme court in the nation to determine whether a statewide smoking ban violates bar owners’ property rights. The Court also agreed to review whether the Ohio Department of Health has consistently exceeded its authority in fining business owners under the ban. [Read more...]

Filed Under: 1851's Recent Posts, Featured Post, Frontpage Posts, Gallery, News Releases