Many in Ohio have observed that Gov. Mike DeWine’s lockdown and imposed regulations were and are arbitrary and unconstitutional. We know that Health Director Amy Acton based her recommendations on wildly inaccurate models and projections. An Ohio judge agrees. Jacob Sullum at Reason reports (h/t Instapundit):
The headline: Ohio Judge Deems the State’s COVID-19
Lockdown ‘Arbitrary, Unreasonable, and Oppressive’
The ruling says the state’s top health official exceeded her statutory authority by ordering “nonessential” businesses to close.
Ohio’s COVID-19 lockdown is illegal, a state judge ruled today, because it exceeds the powers granted by the statute under which it was imposed. Responding to a May 8 lawsuit filed by the 1851 Center for Constitutional Law on behalf of 35 gyms, Lake County Court of Common Pleas Judge Eugene Lucci enjoined Ohio Department of Health Director Amy Acton from penalizing the plaintiffs or similar businesses for violating the lockdown, provided “they operate in compliance with all applicable safety regulations.”
“Constitutions are written to prevent governments from arbitrarily interfering in citizens’ lives and businesses,” 1851 Center Executive Director Maurice Thompson said in response to the ruling. “On that front, the call to action is clear: The governor and health director may no longer impose their own closures and regulations and write their own criminal penalties to enforce those regulations and closures. We remain available to serve those who are caught in the state’s tangled web of unlawful orders.”
Most of the damage is already done, but it’s good to know there may be potential remedies for small businesses. And Ohio’s Governor won’t be able to pull this again. Mr. Sullum’s full report is here.
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Source:
http://clevelandteapartypatriots.blogspot.com/2020/05/judge-rules-ohio-lockdown-arbitrary-and.html
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