Active Cases
Jackson v. Bartec (challenging application of smoking ban to bars, agency regulatory authority)-On April 6, 2011, the Ohio Supreme Court agreed to become the first state supreme court in the nation to decide whether or not a statewide smoking ban violates the property rights of bar owners. The 1851 Center is representing Zeno’s Victorian Village in this landmark case.
Dayton Tea Party v. Ohio Municipal League (challenging secret use of public funds to lobby for greater taxes/spending)-In June 2011, the 1851 Center filed in the Ohio Supreme Court a Public Records Complaint demanding Ohio Municipal League (OML) and Ohio Township Association (OTA) lobbying records. OML and OTA use taxpayer funds to lobby for higher taxes and increased spending.
Corsi v. Ohio Elections Commission (challenging pre-registration requirements for political bloggers)- The 1851 Center has 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.
Manna Storehouse v. Ohio Department of Agriculture (challenging unreasonable licensing laws)- 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.
Conners v. Cincinnati Public Schools (challenge to deed restrictions against charter and private schools)- Cincinnati Public Schools attempted to enforce a deed restriction prohibiting the use of school buildings previously owned by CPS for use by a charter or private school. Such a restriction is void by Ohio policy that favors school choice, and cheats taxpayers of sales revenue from the buildings.
Merrill v. State of Ohio Department of Natural Resources (protection of lakefront property rights, as against the “public trust doctrine”)- In October 2010, the 1851 Center filed an amicus brief in the Supreme Court of Ohio to stop redefinition of property rights along Lake Erie. The AG and environmental interest groups claim that because the State owns the waters of Lake Erie, it also owns the beaches.
The Drees Company v. Hamilton Township (challenging township imposition of taxes)- The 1851 Center filed amicus briefs in the 12th District Court of Appeals and the Ohio Supreme Court, arguing that Ohio townships, which do not have the power to levy taxes, cannot levy back-door taxes on new homeowners and developers.
Closed Cases
Oleksa v. Murray (ending use of project labor agreements and prevailing wage on public school projects)- On February 24, 2011, the Ohio School Facilities Commission (OSFC) agreed to adopt OSFC Resolution 11-16, marking the conclusion of a lawsuit brought by the 1851 Center for Constitutional Law, a public interest law firm representing Ohio taxpayers.
Miller v. ACORN (resulting in the surrender of ACORN’s business license under RICO)- The 1851 Center for Constitutional Law achieved victory in its state RICO action against the Association of Community Organizations for Reform Now (ACORN). ACORN ceased all Ohio activity and surrendered all of its Ohio business licenses.
Ohio Liberty Council v. Brunner (winning right to circulate Ohio Health Care Freedom Amendment)- In April 2010, the 1851 Center filed a complaint with the Ohio Supreme Court seeking a remedy for improper actions taken by the Ohio Ballot Board. The Ballot Board, chaired by Secretary of State Jennifer Brunner, rejected a proposed health care freedom constitutional amendment.
Ohio Department of Commerce v. 700 West Broad AGA, LLC (challenging method of imposing Ohio prevailing wage laws)-Ohio’s current prevailing wage law is, in part, unconstitutional, the 1851 Center for Constitutional Law argued in an amicus brief filed in May 2010 in the Tenth District Court of Appeals, Franklin County. The case, which was successful, exposes fundamental flaws in the current prevailing wage law.
Gahanna’s Unconstitutional, High-Risk Loan Plan (challenging taxpayer funded venture-capital fund for local businesses)- Gahanna City Council postponed a vote authorizing a city-backed $375,000 high-risk venture capital loan fund after the 1851 Center informed council members that the Ohio Constitution prohibits the city from “raising money for or loaning its credit to any private company, corporation or association.”
Slingluff v. Andover Township (protecting the right to commemorate the constitution on public property)- On September 15, 2010, a federal court granted the 1851 Center for Constitutional Law a temporary injunction against Andover Township in Ashtabula County. The ruling is a victory for Andover Township residents who were previously blocked by township officials from celebrating Constitutional Day (Sept. 17) with a rally at a public park.
COAST v. Cincinnati (protecting the right to support limited government through initiatives)- In May 2009, the 1851 Center filed a legal action to prevent the City of Cincinnati and its functionaries from harassing, blocking, and threatening to arrest citizens circulating an initiative petition on public property to put Cincinnati’s proposed $200 million trolley project to a vote. After the Center filed a Complaint and Motion for a Temporary Restraining Order, the City and other defendants entered into a settlement agreement requiring them to allow petitioners to gather signatures.
Pour House, Inc. v. Ohio Department of Health (challenging unreasonable fines related to smoking ban enforcement)- 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.”
Moto Verde v. Village of Fairfax (challenge to zoning regulations destroying a scooter business)- 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.
LetOhioVote.org v. Brunner (victory for referendum rights)- The 1851 Center for Constitutional Law in July 2009 filed an amicus brief in LetOhioVote.org v. Brunner with the Ohio Supreme Court. The legal center’s filing supports a public vote on video slot machines at Ohio horse race tracks.
Ohio Grocer’s Association v. Ohio Tax Commissioner (challenge to commercial activities tax application to food) - In May 2009 the 1851 Center argued in an amicus brief that Ohio’s Commercial Activities Tax is an unconstitutional excise tax on food which is levied on Ohio grovers based on sales. The cost of this tax is passed on to Ohio’s taxpayers when they purchase food.
SpeechNow.org v. FEC (challenging restrictions on speech through political action committees)- In August 2009, the 1851 Center filed an amicus brief defending the First Amendment rights of SpeechNow.org in its legal battle with the Federal Elections Commission. The FEC viewed the non-profit much like a political action committee or PAC. The D.C. Circuit Court of Appeals provided SpeechNow.org with a significant and precedent-setting victory.
Toledo Planning Commission and Private Schools- (protecting private schools’ right to exist) In December 2008, the 1851 Center issued a legal notice to the Toledo City Council and Toledo Planning Commission advising that, if the City passed an ordinance applying “Minimum School Facilities Requirements” to private schools, the 1851 Center would pursue litigation. As a result, the City Council and the Planning Commission dropped efforts to pass the ordinance.
