February Meetings for the Ohio Constitutional Modernization Commission

The following meetings will take place on Thursday, February 13, 2014:  9:00am Ohio Constitutional Modernization Commission – Statehouse Room 313 Presentation by Dr. John Dinan, Professor of Political Science at Wake Forest University discussing: the nature and role of state constitutions comparison of the function of state and federal constitutions the historic debate over the

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Eighth District Holds Traffic Camera QuasiJudicial Enforcement Process Unconstitutional

The Eighth District Court of Appeals held that Cleveland’s quasijudicial enforcement procedures for traffic camera tickets violated the Ohio Constitution Article IV, Section 1.    Cleveland’s enforcement system, where drivers challenging a ticket appear before a city hearing officer,  unconstitutionally impaired the jurisdiction of the Cleveland Municipal Court. Jodka v. Cleveland, 2014-Ohio-208 The decision will likely

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Cities Have Home Rule Power to Regulate Tow Trucks, Supreme Court Rules

City of Cleveland v. State of Ohio, 2014-Ohio-86.  The state law governing tow-truck operations (R.C. 4921.25) is a general law, however,  the second sentence of the statute violates the Ohio Constitution’s Home Rule Amendment.  The following language is severed from the statute, “Such an entity is not subject to any ordinance, rule, or resolution of

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Ohio Constitutional Modernization Commission Organizational Meeting

ANNOUNCEMENT OF COMMISSION MEETING   Commission:     Ohio Constitutional Modernization Commission Date:                  Wednesday, January 22, 2014 Time:                 11:30am                         Room:                  Statehouse Room 114   The Ohio Constitutional Modernization Commission will hold an organizational meeting to select Co-Chairs and appoint the public members of the Commission   (Note that the writer of this blog

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Controlling Board’s Expansion of Medicaid Funding is Lawful, Supreme Court Finds

The Ohio Supreme Court denied the writ of mandamus requested by six Republican legislators and Cleveland Right to Life, requesting that the Supreme Court halt the Controlling Board’s approval of funding for medicaid expansion to cover the new group of beneficiaries created by the federal PPACA.  The Court found that the relators did not show

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Ohio Senate Joint Resolution 6 would Ask Voters to Renew State Capital Improvement Program for Local Public Works

Introduced on Dec. 19, 2013,  Ohio Senate Joint Resolution 6 would enact Section 2s of Article VIII of the Constitution of the State of Ohio to permit the issuance of additional general obligation bonds to fund public infrastructure capital improvements.  The proposed renewal of the State Capital Improvement Program for local public works increases the funding

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Federal Judge Rules Ohio Authorities Must Recognize Valid Same Sex Marriage on Death Certificates

Southern District of Ohio judge, Timothy S. Black, granted a permanent injunction prohibiting the Cincinnati Department of Health from accepting a death certificate for Plaintiff John Arthur that does not record his status at the time of death as “married” and his “surviving spouse” as James Obergefell.  The court held that the failure to recognize

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Group Says Sufficient Signatures Collected to Put Gay Marriage Initiative Petition on Ohio Ballot

FreedomOhio says that they have collected enough signatures to put an initiative petition on the ballot in November 2014 to legalize same sex marriage in Ohio.  The Freedom to Marry and Religious Freedom Amendment would repeal the Ohio Constitution’s ban on gay marriage which Ohio voters approve in 2004, and replace it with the following:

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