Entrepreneurs’ Rights

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Ohio Daycares Sue to End Unlawful Pandemic Regulations

FOR IMMEDIATE RELEASE June 23, 2020 Ohio Dept. of Health has no Constitutional Authority to Overrule State Legislation Protecting Parents, Children, and Daycares Mason, OH – The 1851 Center for Constitutional Law today filed suit on behalf…
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Another Ohio Court Slams Forced Closures as Unconstitutional

FOR IMMEDIATE RELEASE June 12, 2020 Another Ohio Court Slams Forced Closures as Unconstitutional Statute Health Department relies on is unconstitutional and it has no authority to close businesses or create its own penalties Kalahari wins…
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Cedar Point, Kings Island, Kalahari Sue to Open

FOR IMMEDIATE RELEASE June 5, 2020 Cedar Point, Kings Island, Kalahari Sue to Open Ohio Dept. of Health has no Constitutional Authority to Keep these Businesses Closed Columbus, OH – The 1851 Center for Constitutional Law today filed…
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1851 Fights 90 Days in Jail for “Disobedient” Ohio Diner Owner

FOR IMMEDIATE RELEASE May 27, 2020 1851 Fights 90 Days in Jail for “Disobedient” Ohio Diner Owner 1851 Center Moves to Dismiss Criminal Charges in State’s First Criminal Case for Violating Pandemic Orders Cambridge, OH – The 1851…
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Ohio Court: Forced Closure of Gyms Unconstitutional

FOR IMMEDIATE RELEASE May 20, 2020 Ohio Court: Forced Closure of Gyms Unconstitutional Health Department has no authority to close all business or create its own penalties Painesville, OH – An Ohio Court of Common Pleas Wednesday morning…

Ohio Gyms Sue Health Department for Right to Exist

FOR IMMEDIATE RELEASE May 12, 2020 Ohio Gyms Sue Health Department for Right to Exist Even in emergencies, the Ohio Constitution protects businesses from vague and discriminatory enactments. Columbus, OH – The 1851 Center for Constitutional…
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Lawsuit: Ohio Ban on “Non-Essential Business” Unconstitutional

FOR IMMEDIATE RELEASE April 16, 2020 Legal Center:  Ohio Ban on “Non-Essential Business” Unconstitutional Without hearings where the State justifies its decisions, the ban violates Due Process Columbus, OH – The 1851 Center for Constitutional…
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Federal Court Victory: Forbidding More Than Three People from Living Together Violates Ohio Constitution

Ohio cities violate property rights by using zoning to prohibit more than three unrelated people from living in the same home Bowling Green, OH – A federal court late Friday, agreeing with arguments made by the 1851 Center for Constitutional…
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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…
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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…
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Federal Court: Cities' Rental Licensing and Inspection Requirements Unconstitutional

Fourth Amendment secures property rights of landlords from unlawful searches and occupational licensing regulations in Ohio and nationwide Columbus, OH – The Southern District of Ohio ruled that the City of Portsmouth’s occupational licensing…
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Federal Court: Ohio Precious Metals Dealers Licensing Scheme Unconstitutional

Act regulates business in response to constitutionally-protected advertising, and prohibits legitimate purchases of gold and silver Columbus, OH – A federal court late yesterday ruled that Ohio’s regulatory scheme governing those purchasing…
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Drees Company v. Hamilton Township

Ohio Townships do not have the power to levy taxes.  That's why they call them "fees." This case argues that "fees" on new homeowners and developers are really taxes and are unconstitutional. Timeline February 14, 2011 - 1851 Center Files…
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Pour House Inc., v. Ohio Department of Health

A victory came on October 19, 2009 for Ohio bars and restaurants facing fines for breaking the state smoking ban. Up to that point, enforcement methods essentially required small businesses to enforce the smoking ban for the government. The…