The Official Site of the 1851 Center for Constitutional Law
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.
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.
Organizations Comprised of Local Governments Refuse to Disclose Lobbying Activity on Estate Tax and Government SpendingColumbus–The 1851 Center for Constitutional Law, on behalf of Relators Dayton Tea Party and Robert Scott, yesterday filed in the Ohio Supreme Court a Public Records Complaint demanding Ohio Municipal League (OML) and Ohio Township Association (OTA) lobbying records. Both the OML and OTA have used public funds to lobby against Ohio Estate Tax repeal and other tax cuts, property rights and the right to bear arms, and in favor of inflated state spending. [Read more...]
The legislature has passed a state budget that includes the repeal of Ohio’s Estate Tax. Special thanks to the team at http://www.endohioestatetax.com/ for their leadership in accomplishing a feat that no liberty group before them had accomplished: the elimination of a statewide tax. In drafting the initiative and representing the effort, the 1851 Center was simply the professional scaffolding around this inspiring all-volunteer effort. [Read more...]
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...]
Cincinnati Public Schools’ have a policy of prohibiting the sale of unused available public school buildings to charter schools and private schools. The 1851 Center will soon argue to the Ohio Supreme Court that this policy is unlawful and must end. The Court of Appeals for the First District Court of Appeals, Hamilton County agreed with the 1851 Center’s position. Thier decision further rebuffed CPS efforts to shut down Theodore Roosevelt Community School and others, and is a victory for charter and private school operators throughout the state. [Read more...]
1851 Center Files Jurisdictional Motion with Ohio Supreme CourtCOLUMBUS – The 1851 Center for Constitutional Law, a public interest law firm, yesterday asked the Ohio Supreme Court to make a final determination on the legality of Ohio’s state smoking ban, and its enforcement. The legal center argues that state health officials’ misguided enforcement of the law violates Ohio constitutional protections, and unduly punishes innocent business owners. Also, the center argues the law itself is unconstitutional, when applied to certain types of bars. A copy of the court filing is available here. [Read more...]
Judge Rules CPS Deed Restrictions Against Charter and Private Schools IllegalColumbus – Cincinnati Public Schools’ (CPS) policy of prohibiting the sale of unused available public school buildings to charter schools and private schools violates state law, yesterday ruled Hamilton County Common Pleas Court Judge Robert P. Ruehlman. The judge issued the ruling immediately from the bench. [Read more...]
1851 Center Sued CPS Over Handling of Charter SchoolsColumbus – State Representative Kris Jordan, a member of the Ohio School Facilities Commission, yesterday notified commission director Richard Murray that Cincinnati Public Schools (CPS) has forfeited its statutory right to project funding because of repeated violations of state charter schools provisions. [Read more...]
