Posted on 04/18/2020 5:31:47 PM PDT by CheshireTheCat
Columbus, OH – The 1851 Center for Constitutional Law today moved to enjoin the Ohio Department of Health from continuing to enforce its criminalization of “non-essential business,” as implemented through the Director’s April 2, 2020 Stay at Home Order.
The April 2 Order fails to provide owners of “non-essential businesses” any opportunity for a hearing where the State must demonstrate that such businesses are indeed “non-essential” and incapable of safe operation, even as many other businesses and operations not essential to survival have been exempted.
The legal action is brought on behalf of an otherwise-successful Columbus bridal shop and its proprietor Tanya Rutner Hartman, who, due to the Director’s ban, are forced to choose between financial ruin or prosecution.
The 1851 Center’s Complaint and Motion for Temporary Restraining Order asserts that in depriving “non-essential” Ohioans of their livelihood without the requisite opportunity for a hearing, the Director’s Order violates Ohioans’ procedural due process rights, safeguarded by the Fourteenth Amendment:
(Excerpt) Read more at ohioconstitution.org ...
Let the flood begin
Never mind that, “essential” or “non-essential,” the state has no constitutional authority to close down either.
Lawsuit delivered to judge.
Judge: “What is ‘the Constitution’?”
Sadly, this is not so far off.
Exactly. I’m surprised lawsuits such as this were not filed immediately by business owners across all 50 states. Most of the closure decisions are arbitrary and capricious. None would hold-up under Constitutional scrutiny.
maybe i can get one of them online 3 month degrees
A lot of danger here with the current SC. They rule the states have this power under these circumstances and we are in the soup for a lot more and worse. The rats get all 3 branches and declare a climate emergency we will have to shoot our way out.
I doubt this is anywhere near complete. But lawsuits are spreading exponentially faster than the virus.
The constitutional issues will be interesting.
Its ridiculous
My favorite bakery (the owner trained in France) has 12 employees. Because he has a small coffee shop and restaurant connected to it, his entire place was shut-down. They’re all out of work.
So now if I want bread, I must go to Walmart or Target, where I am forced to buy crappy bread, and crowd in the aisles with hundreds of other people.
There’s no standard, no reason, and it stinks of corporatism and oligarchy.
emergency powers
What the Hell is wrong with Mike DeWine? There’s always ONE effing Republican who has to join in with the Left so the media can play the bipartisanship card or the stupid “One Republican defied his party’s extremist voices and joined in with his fellow Democrats...” canard. It’s infuriating.
Folks should read the ruling if they get the chance. Overbroad and underinclusive might have applications in this case.
Ping
Short man syndrome.
It’s telling that you are posting far-left sources as your justification for abrogating the Constitution. People do need to click the links you’ve posted, just to see who you trust and are in league with. Please post this list to every thread. It’d save a lot of people the time and effort it takes to show that your conclusions are anti-freedom...
Ah, but there is more......
Attorneys are filing lawsuits against property and casualty insurers over business interruption coverage. This is going to be a big deal if the cases are successful. Business interruption insurance usually comes in to play when some even like a fire shuts down a business. The insurer pays for lost revenue due to the fire in my example.
Insurers, of course, base their premium calculations on very small and sporadic losses. The virus is akin to major parts of a city burning to the ground and stopping and resulting in huge losses.
If the trial lawyers prevail in circumstances where the insured doesn’t have a virus exclusion then the commercial insurance markets and reinsurance markets are going to get slammed. As will state guaranty funds in circumstances where the state may have to pay for situations where the insurer goes under.
In Texas right now lawyers are peppering the state with mailers about this.
See:
2020 is going to be a very busy year for attorneys specializing in business and insurance law.
2020 is going to be a very busy year for attorneys specializing in divorce law.
2020 is going to be a very busy year for medical malpractice attorneys.
2020 is going to be a very busy year for attorneys.
“Never mind that, “essential” or “non-essential,” the state has no constitutional authority to close down either.”
Us Constitution,Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
I have heard of a similar story in my area. Because a bakery had a small seating area, they had to close but a local WalMart with a Subway inside was able to keep the Subway open but “to-go” only.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.