Judge rules Ohio lockdown arbitrary and unreasonable

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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Mike DeWine "plans" for Ohio

Paula Bolyard at PJ Media doesn’t think much of Governor Comrade Mike DeWine’s power-grab:

The Ohio House on Wednesday passed a bill stripping the state health director of some emergency powers and limiting stay-at-home orders to 14 days, requiring the approval of the legislature for an extension. Gov. Mike DeWine, a Republican who’s been basking in the praise of Democrats and the MSM for his heavy-handed approach to containing the coronavirus pandemic, has vowed to veto the bill.

. . . 

DeWine’s office told reporters on Wednesday that should the bill make it to his desk he will veto it. It does not appear at present that the House would have enough vote to override a veto. The Senate has yet to take up the measure.

“My administration is focused on the important things we need to do to help businesses responsibly reopen while protecting Ohioans’ health and safety,” DeWine said in a statement. “This week alone, this included increasing coronavirus testing and tracing, balancing Ohio’s budget, and working on plans to move Ohio’s economy forward. Ohioans need their legislators focused on these important issues. Creating more uncertainty regarding public health and employee safety is the last thing we need as we work to restore consumer confidence in Ohio’s economy.”

In other words, the governor has no intention of relinquishing the power he and the unelected health director have amassed. If that power is taken away, what will he and Acton have to talk about at their incessant, mind-numbing “Wine with DeWine” daily press briefings?

How does he plan to "restore consumer confidence in Ohio’s economy" by keeping everybody under house arrest?  Ms. Bolyard's column is here.

Meanwhile, Seth A. Richardson at cleveland.com reports:

Gov. Mike DeWine said Thursday that barbershops, hair salons, nail salons, tanning salons and day spas can reopen starting May 15, nearly two months after they were closed due to the coronavirus pandemic. Businesses will have to abide by certain health guidelines, including social distancing and strict sanitization regimens.

May 15?  Why May 15?  What is wrong with yesterday?  

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Ohio cases of COVID-19: Amy Acton guessed wrong

Jeffrey C. Barefoot at the American Thinker blogsite reports:

On March 12, Amy Acton, director of the Ohio Department of Health, and Governor Mike DeWine told Ohioans that there were already 100,000 of us infected with the virus.  The next day, Amy clarified that this number was her "guesstimate." 

. . .

Yes, people in Ohio are getting infected.  Does infection mean automatic admission to the hospital?  Hardly, and numbers don't have to be guesstimated.  Of the 4,043 confirmed Ohio cases, only 27% (1,104) have required hospitalization.  So what percentage of Ohio's population have gotten the virus and required hospital admission?  Less than 1/100 of 1%.  Yes, but what if we haven't peaked?  Even if the hospitalization rate triples in two weeks, the percentage would be less than 3/100 of 1%.  For this, the lockdown has pushed 468,414 Ohioans on to welfare, slammed shut our small businesses and closed our churches for the highest Holy Week of the year.

Amy Acton guessed wrong.  The guess has damaged many lives.  Reason and prudence require an immediate adjustment to Ohio's lockdown. 

Full article is here.  

Contact Gov. Mike DeWine: (614) 644-4357 or by email here

https://governor.ohio.gov/wps/portal/gov/governor/contact

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