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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