Posted on 05/22/2020 2:40:22 PM PDT by Mount Athos
In a scathing nine-page decision, Lake County Common Pleas Judge Eugene A. Lucci excoriated Acton and her health department for exceeding their authority, saying the director “has no statutory authority to close all businesses, including the plaintiffs’ gyms.” Acton, the judge said, “has acted in an impermissibly arbitrary, and oppressive manner and without any procedural safeguards.”
Judge Lucci went on to say that fundamental liberties—the right to own and use property and earn a living—are at stake in this case. Acton has “criminalized lawful businesses, imposing strict liability for violations, including severe criminal, civil, and equitable penalties,” the judge opined, noting that “some of the plaintiffs’ businesses will not survive the lockdown of two or more months.”
Members of the Ohio legislature have been up in arms in recent weeks, calling for Acton to be stripped of her unchecked power.
Judge Lucci said that if he failed to issue an injunction, “There would be a diminishment of public morale, and a feeling that one unelected individual could exercise such unfettered power to force everyone to obey impermissibly oppressive, vague, arbitrary and unreasonable rules that the director devised and revised, and modified and reversed, whenever and as she pleases, without any legislative guidance.”
“The public would be left with feelings that their government is not accountable to them,” Lucci warned.
“Prolonged lockdowns have deleterious effects upon the public psyche,” he noted. “Humans are naturally social beings; socialization strengthens immunities against diseases and benefits psychological health.”
(Excerpt) Read more at pjmedia.com ...
The resistance grows...
And DeWine (R) has enabled flat-out tyranny. I will never vote for him again.
Ohio Court Case ping.
By the same principles of law this judge is laying out here businesses that are destroyed by the state will have the grounds to sue the state.
Apparently the state governments feel they can override the US Constitution.
Earlier today, Ken Matthews, acting as Rush Limbaugh's backup quarterback, said that De Wine is essentially a Democrat.
Yet the GOP controlled state legislature failed in a recent effort to limit the governor's emergency powers. I guess GOPe pols love autocracy too.
Hallelujah
OHIO PING!
Please let me know if you want on or off the Ohio Ping list.
Judge Positively Scorches Ohio Health Director for ‘Criminalizing’ Gyms—and It’s Glorious
05/22/2020 2:40:22 PM PDT · by Mount Athos · 9 replies
PJ Media ^ | MAY 22, 2020 | PAULA BOLYARD
Just an FYI-everyone I went to high school with in the Columbus area, to a person, LOVES Dr Amy. Even the supposedly Conservative ones. And they have LOVED DeWine letting Dr Amy exercise power that wasn’t hers to use. Please, Primary DeWine, but if he does win his next Primary, please hold your nose and vote for him. He is a small modicum better than every Dem who will be running.
And one friend who USED TO BE Conservative was whining about the opening up of the state saying,’those Republicans have too much control over him’. And I thought she was a Republican. I guess people sometimes change when they become elderly.
I never have had much interest in Judicial elections but this has raised my interest.
Amen
I can’t remember if I voted for him or left the space blank. I hope I didn’t vote for him but if I did I won’t make that mistake again.
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