Ohio Department of Health officials and the Attorney General have substantially overstepped their authority in enforcing the state’s smoking ban law, a Franklin County Common Pleas Court ruled. In a cased won by the 1851 Center for Constitutional Law, a non-profit constitutional rights advocacy firm, Judge David E. Cain vacated all fines against Columbus bar Zeno’s. The decision renders the state’s current enforcement of the Ohio Smoke Free Workplace Act invalid and will require government officials to readdress its tactics. [Read more...]
State Smoking Ban Enforcement Declared Unlawful
February 25, 2010 By
Moto Verde and the Village of Fairfax
January 7, 2010 By
Defending Property Rights
In July 2009, the 1851 Center advised the Village of Fairfax, an enclave in the city of Cincinnati, that it had violated the constitutional rights of Moto Verde, a motor scooter shop, by classifying it as an automobile dealership, refusing it the right to operate, and denying it a hearing. Fairfax submitted, and today Moto Verde is open for business.
Pour House, Inc. v. Ohio Department of Health
October 15, 2009 By
The Center also recently prevailed in Pour House, Inc. v. Ohio Department of Health, in the Court of Appeals for the Tenth District of Ohio: the Court declared that the agency was enforcing the law unlawfully, and could not require small business owners to enforce the law on its behalf.
Click here for the court decision
Manna Storehouse v. Ohio Department of Agriculture
October 9, 2009 By
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.
Manna Storehouse v. Ohio Department of Agriculture Case Documents:
