High Court Will Determine Whether Forbidding More Than Two People from Living Together Violates Ohio Constitution

High Court Will Determine Whether Forbidding More Than Two People from Living Together Violates Ohio Constitution

FOR IMMEDIATE RELEASE
June 25, 2025

Legal Center:  zoning is to stop property uses that inflict harm on others, not social engineering

Kent, OH – The Supreme Court of Ohio will hear arguments on whether Ohio cities can ban groups of more than two from living together within the city, irrespective of the size of the home.

The action is brought against the City of Kent, Ohio by the 1851 Center for Constitutional Law on behalf of Kent landlord Reed Havel, who the City threatened with criminal charges after learning that he had leased his six-bedroom home to four tenants, two of whom were brothers.

A federal court in 2019, agreeing with arguments made by the 1851 Center, held that an Ohio city’s zoning ordinance restricting homes to occupancy by no more than three unrelated adults violates the Ohio Constitution’s greater protection of private property rights.

However, Kent and several other Ohio cities ignored the landmark decision and continued to enforce their own ordinances

“In Ohio, many zoning regulations needlessly interfere with private property rights, drive up the cost of living, fail to accomplish their proclaimed purposes, and are used as political weapons – often to benefit special interests. This regulation is no different,” said 1851 Center Executive Director Maurice Thompson. “There is no coherent reason why four graduate students or even the Golden Girls should be prohibited from occupying a large six-bedroom house, even as an unruly family of eight lives in a smaller home next door.”

The 1851 Center’s Motion for Jurisdiction urges the Supreme Court to apply nuisance-rooted principles that protect property owners from restrictions on how they use their property so long as that use does directly inflict harm on others.

“This regulation is aimed at government-controlled social engineering, i.e. keeping ‘the wrong kind of people’ out of certain neighborhoods, rather than land use. Unruly behavior should be directly regulated, rather than regulated on the basis of the relationships between those who live together,” added Thompson.  “Ohioans should not be forced to pay higher rent or endure longer commutes due to such arbitrary regulations.”

The case is pending before the Supreme Court of Ohio, supported by Amicus Briefs from the Ohio Association of Realtors and Pacific Legal Foundation.

Read the 1851 Center’s Motion for Jurisdiction HERE .

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The 1851 Center for Constitutional Law is a non-profit, non-partisan legal center dedicated to protecting the constitutional rights of Ohioans from government abuse. The 1851 Center litigates constitutional issues related to property rights, regulation, taxation, and search and seizures.  www.OhioConstitution.org

Legal Center Moves to Stop Unconstitutional Fair Housing Shakedowns

LEGAL CENTER MOVES TO STOP UNCONSTITUTIONAL “FAIR HOUSING” SHAKEDOWNS

FOR IMMEDIATE RELEASE
May 24, 2025

Dayton nonprofit hires actors to manufacture discrimination by entrapping and shakedown unsuspecting homeowners.  

Dayton, OH – The 1851 Center for Constitutional Law today moved to strip Ohio fair housing organizations of standing to sue when they manufacture housing discrimination claims by hiring actors to surveil and entrap Ohioans.

The action is brought on behalf of Kettering homeowner Saurin Shah.  Mr. Shah told an actor hired by Miami Valley Fair Housing Agency that he would need to see paperwork proving that a hypothetical dog the actor referenced owning was indeed a medical service animal before waiving the typical pet deposit associated with renting the home.

Miami Valley’s surveillance and entrapment efforts are funded by several million dollars in federal grants provided to it and other private Ohio “fair housing organizations” by the Biden Administration.  The Trump Administration discontinued these grants in February of 2025, but did not recovery money handed out by the prior administration.

Through its Motion for Judgment on the Pleadings, the 1851 Center explains that Miami Valley brings dozens of these claims every year, all following the same unethical blueprint:

  • Undercover surveillance of homeowners with paid actors pretending to be interested in housing.

 

  • The actors repeatedly attempt to induce landlords into making a statement that may arguably violate the exceptionally broad prohibitions of the Fair Housing Act.

 

  • Miami Valley files complaints against these owners in federal court, and serves the complaint and a settlement agreement together, offering to dismiss the case in exchange for a cash payment, usually between $10,000 and $14,000.

 

  • Miami Valley also often attempts to coerce the homeowners into pay $125 per hour to Miami Valley for “fair housing reeducation” classes.

Through its Motion for Judgment on the Pleadings, the 1851 Center explains that a 2024 Supreme Court decision barring standing to sue for activists who are not themselves victimized, applies to Ohio fair housing activists’ when there is no actual victim of discrimination.

“The supply of housing discrimination does not meet these activists’ demand for it, so left-wing activists and lawyers manufacture more discrimination to pad their bank accounts,” explained 1851 Center Executive Director Maurice Thompson.  “This case attempts to limit the use of taxpayer funds to nongovernmental private entities attacking the property rights of the same taxpayers forced to fund them.”

Over half of all housing discrimination claims now arise from claims by tenants that their pets are medically-necessary emotional support devices.  Activists claim that “no pet” policies and even pet-related security deposits violate the Fair Housing Act.

The case is pending before Judge Newman in the federal district court in the Southern District of Ohio.

Read the 1851 Center’s Motion for Judgment on the Pleadings and Reply in Support here and here.

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The 1851 Center for Constitutional Law is a nonprofit, nonpartisan legal center dedicated to protecting the constitutional rights of Ohioans from government abuse. The 1851 Center litigates constitutional issues related to property rights, regulation, taxation, and searches and seizures.

www.OhioConstitution.org

Ohio Court:  Cities Can’t Force Homeowners to Repair City Sidewalks 

Ohio Court: Cities Can’t Force Homeowners to Repair City Sidewalks

FOR IMMEDIATE RELEASE
February 1, 2025

Painesville sidewalk tax on abutting homeowners, whether they damage the sidewalks or not, violates Due Process, is unconstitutional.

Painesville, OH – An Ohio Court this week ruled the City of Painesville cannot obtain criminal conviction of homeowners who fail to fund or fix the maintenance or repair of government sidewalks near their homes.

The 1851 Center for Constitutional Law’s victory comes on behalf of homeowner Charles Cattell, who faced criminal charges after failing to pay the city or a contractor $3,000 to update the sidewalk in front of his home.

Like other area homeowners, Mr. Cattell’s deed does not include the City’s sidewalks, and the City is the sole owner of the street and sidewalk in front of his home.

The 1851 Center explained that forcing a homeowner to fund or labor on city property merely because he owns private property nearby is an unlawful tax, and unlawful taking, or a violation of substantive due process rights. Government property generally must be maintained, repaired, and updated though general taxation, rather than by individuals who simply own property nearby.

The case now moves for class certification, as the 1851 Center attempts to recover sidewalk payments for the hundreds of homeowners who previously made them.

“Both the state and federal constitutions forbid Ohio cities from charging what are basically ‘user fees’ to homeowners for basic government functions like police, fire, and sidewalks.” explained 1851 Center Executive Director Maurice Thompson. “This ruling confirms that Ohioans can prevail when cities attempt to swindle them through improper taxes, fees, and assessments.”

Read the 1851 Center’s Brief HERE.

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The 1851 Center for Constitutional Law is a nonprofit, nonpartisan legal center dedicated to protecting the constitutional rights of Ohioans from government abuse. The 1851 Center litigates constitutional issues related to property rights, regulation, taxation, and searches and seizures.

 

High Court Will Determine Whether Ohio Cities Can Gut Search Warrant Requirement When Homes are For Sale or Rent

High Court Will Determine Whether Ohio Cities Can Gut Search Warrant Requirement When Homes are For Sale or Rent

FOR IMMEDIATE RELEASE
June 1, 2025

North Canton’s crusade for warrants to enter homes based solely on lack of consent from homeowners is unconstitutional.

Stark County, OH – The Supreme Court of Ohio will hear argument on whether Ohio cities can obtain boilerplate search warrants green-lighting forced search of local homes to look for code violations.  In doing so, the Court will be the first in the nation to squarely consider whether its state constitution is more protective of homeowners and tenants than the Fourth Amendment to the United States Constitution.

The action is brought against North Canton, Ohio by the 1851 Center for Constitutional Law on behalf of Canton-area landlords Eric and Lila Wohlwend and their tenants. The City brought suit against the Wohlwends to obtain a search warrant covering the entirety of their property – inside and out – after they simply declined to consent to such an inspection.

The 1851 Center explains that the Ohio Constitution requires true “probable cause” – evidence of a threat to others – threat to others before courts may issue a search warrant to conduct a sweeping rental and point of sale inspections of Ohioans’ homes.

“Ohioans maintain a fundamental right to use their own property in ways that don’t inflict harm others. This right includes the right to exclude public officials from intruding into their homes and rifling through every square foot of their kitchens, bathrooms, and bedrooms for no reason other than ‘just to check things out,’” explained 1851 Center Executive Director Maurice Thompson. “Tenants aren’t second-class citizens without rights: they’re entitled to the same privacy and security from government overreach as those who own their homes, and sham warrants cannot be used to violate their rights any more than entirely warrantless searches.”

The 1851 Center for Constitutional Law protected Ohioans’ privacy and property rights by stopping warrantless rental and point-of-sale inspections of homes across Ohio through victories in Baker v. Portsmouth, Pund v. Bedford, and Thompson v. Oakwood.

“A finding of ‘probable cause’ to issue a warrant solely because a homeowner does not consent to that search, would entirely undermine the protections provided by the warrant requirement.” added Thompson.

The case is pending before the Supreme Court of Ohio, supported by Amicus Briefs from the Ohio Association of Realtors and Pacific Legal Foundation.

Read the 1851 Center’s Motion for Jurisdiction here.

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The 1851 Center for Constitutional Law is a nonprofit, nonpartisan legal center dedicated to protecting the constitutional rights of Ohioans from government abuse. The 1851 Center litigates constitutional issues related to property rights, regulation, taxation, and searches and seizures.  www.OhioConstitution.org