Posted on 06/15/2020 7:13:58 PM PDT by CheshireTheCat
Ohio's COVID-19 lockdown violates due process and the separation of powers, a state judge concluded today, ruling in favor of a company that sought to reopen a water park without suffering criminal penalties. "This unbridled and unfettered consolidation of authority in one unelected official is dangerous grounds to tread on," writes Erie County Court of Common Pleas Judge Roger Binette, referring to Ohio Department of Health Director Amy Acton's orders requiring "nonessential" businesses to close. "If one unelected, unaccountable to the public official is allowed to invoke unfettered Orders [that] criminalize an otherwise non-criminal activity only for disobedience to her Orders, then the right to Due Process is extinguished."...In issuing her orders, Acton relied on a statute that charges her department with "supervision of all matters relating to the preservation of the life and health of the people" and gives it "ultimate authority in matters of quarantine and isolation." She interpreted that to mean she had "the authority to make special orders for preventing the spread of contagious or infectious disease."
Binette questions that interpretation, saying "a literal reading" of the law "reveals that it does not state Defendant Acton has" the authority she claimed. But assuming Acton's understanding of the law is correct, he says, the statute unconstitutionally delegates legislative powers to a single executive branch official.
(Excerpt) Read more at reason.com ...
FTA: "A spokesman for DeWine said "we respectfully disagree with the ruling," adding that the health department "will be consulting with the Ohio Attorney General's Office regarding potential next steps.""
The ruling is in the right direction but I do not think a county common pleas court judge’s ruling would carry any weight to enjoin the state government.
DeWhine is taking his orders from his butt buddy Amy Acton, not judges.
OHIO PING!
Please let me know if you want on or off the Ohio Ping list.
Life has gotten in my way the last week.....I am behind on ping list.
Another Judge Rules That Ohio’s COVID-19 Lockdown Is Illegal
Reason ^ | June 12, 2020 | Jacob Sullum
Posted on 6/15/2020, 10:13:58 PM by CheshireTheCat
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