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.
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.
Ohio Lakefront Group v. Cordray (protection of lakefront property rights, as against the “public trust doctrine”)- On October 1, 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.
Moto Verde v. Village of Fairfax (challenge to zoning regulations destroying a scooter business)- On June 29, 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 (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.”
