Entries by 1851 Center for Constitutional Law

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Ohio Cities Cannot Prohibit Use of Security Alarms

Cincinnati’s “alarm tax” violates homeowners’ right to communicate, freedom from double-taxation The 1851 Center for Constitutional Law has moved to invalidate a municipal ordinance that forbids homeowners from protecting themselves with a home security alarm unless they first pay a punitive tax to the City of Cincinnati. The legal action against the City of Cincinnati […]

Victory: Ohio Cities’ “Pre-Sale” Home Inspections and Fees Unconstitutional

City of Oakwood violated homeowners Fourth Amendment rights through sweeping city-wide  home inspection requirements and must now return in section fees to all affected homeowners February 9, 2018: Dayton, OH – A federal court late yesterday declared unconstitutional the City of Oakwood’s pre-sale inspections mandates – – mandates requiring homeowners to obtain and pass thorough […]

Forbidding More Than Three People from Living Together Violates Ohio Constitution 

Ohio cities violate property rights by prohibiting more than three unrelated people from living in the same home February 5, 2018: Bowling Green, OH – The 1851 Center for Constitutional Law today moved to strike a municipal ordinance that criminalizes greater than three unrelated individuals living in the same home regardless of the size of […]

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Sixth Circuit: State Cannot Inspect Ohioans’ Business Records without Warrant

Fourth Amendment prohibits state’s mandate making all business records “available at all times” to state agents January 22, 2018: Columbus, OH – A federal circuit court late yesterday ruled that Ohio’s policies demanding private business records – – without a warrant or any evidence of wrongdoing – – violate the Fourth Amendment’s protection from unreasonable […]

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1851 to Supreme Court: Forced Funding of Unions Violates Free Speech

1851 Center Amicus Brief argues that government employees who aren’t union members can’t be forced to pay hundreds of dollars per year to unions Columbus, OH – The 1851 Center for Constitutional Law petitioned the United States Supreme Court to rule in favor of the Petitioner in a case challenging the constitutionality of public sector […]

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Court: $100 Per Day Fines for Yard Signs Unconstitutional

Ohio city’s ban on political yard signs except directly before and after elections violates free speech, property rights August 30, 2017: Toledo, OH – A federal court prohibited an Ohio city from fining citizens who display political yard signs for longer than 67 days. The ruling, made by Judge Jeffrey J. Helmick of the Northern District […]

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Federal Court Approves Class Action on Ohio City’s Illegal Home Inspections

Legal Center: Fees that City’s homeowners were forced to pay to fund unconstitutional “point of sale” inspections must now be returned Cleveland, OH – A federal court certified a class action lawsuit against the City of Bedford, Ohio, explaining that all homeowners who were forced to endure government searches as a precondition to the sale […]

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Court: Ohio Mayor and His Lawyer Must Pay Sanctions to Family They Sued to Silence

Mayor’s lawsuit “frivolously” violated local bloggers’ right to free speech Cleveland, OH – An Ohio Court ordered Maple Heights, Ohio Mayor Jeffery Lansky and his attorney to pay $9,395 in attorney’s fees and costs to internet critics they sued to silence. In 2014, Lansky and his attorney, Brent English, filed a lawsuit for defamation and […]

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Ohio Court: Eminent Domain for Private Pipelines Unconstitutional

Private ethane pipeline to Canada is not a “public use” or “public necessity,” as required by Ohio Constitution Ruling will protect property rights of Ohio farmers and other rural property owners Bowling Green, OH – An Ohio court ruled that private pipeline companies cannot use eminent domain to forcibly seize Ohioans’ private property for purely […]