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Author Topic: Ohio court shoots down mask mandate  (Read 279 times)

Lennyjoe

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Ohio court shoots down mask mandate
« on: April 08, 2021, 12:29:09 AM »

Finally Ohio gets something right.  Wonder how DeWine will respond to this.

https://ohioconstitution.org/ohio-court-state-mask-mandates-unconstitutional/

BREAKING NEWS 

OHIO COURT: STATE MASK MANDATES UNCONSTITUTIONAL

In Ashland County,” any further attempt to enforce mask restrictions will result in further restraint of any such attempt.”

Ashland, OH – An Ohio Court late Tuesday cast doubt on the lawfulness of the state’s mask mandates, holding that the Governor and Department of Health lack authority to issue such mandates.

The decision by Judge Ronald Forsthoefel of the Ashland County Court of Common Pleas comes on behalf of 1851 Center for Constitutional Law’s client Cattlemans Restaurant in Savannah, Ohio. The Court concludes that “Plaintiffs should not be subject to any further enforcement action,” over masks due to the following:

    “R.C. 3701.13 grants no authority to the Director of the Ohio Department of Health to issue or enforce mandatory mask orders since there is no stated or implied authority in R.C. 3701.13 which authorizes any action to prevent the spread of contagious or infections disease.”

    “The Dine Safe Ohio Order in this case fails to accomplish anything scientifically demonstrable, or otherwise corroborated with empirical data, to prevent the spread of contagious or infectious diseases even if that purpose were authorized by R.C. 3701.13.”

Perd Hapley

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Re: Ohio court shoots down mask mandate
« Reply #1 on: April 08, 2021, 12:59:23 AM »

Good. My supply of lefty tears was running low. Do you think someone will top the "human sacrifice" line from a few months ago?



This member used to have another name, and the name that this member used to have was fistful.

Hawkmoon

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Re: Ohio court shoots down mask mandate
« Reply #2 on: April 08, 2021, 01:00:07 AM »


    “R.C. 3701.13 grants no authority to the Director of the Ohio Department of Health to issue or enforce mandatory mask orders since there is no stated or implied authority in R.C. 3701.13 which authorizes any action to prevent the spread of contagious or infections disease.”

    “The Dine Safe Ohio Order in this case fails to accomplish anything scientifically demonstrable, or otherwise corroborated with empirical data, to prevent the spread of contagious or infectious diseases even if that purpose were authorized by R.C. 3701.13.”

POW! WHACK!

Double whammy! "You can't do that. And even if you could do that, you haven't demonstrated that doing that makes any difference."

MechAg94

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Re: Ohio court shoots down mask mandate
« Reply #3 on: April 08, 2021, 08:57:49 AM »

POW! WHACK!

Double whammy! "You can't do that. And even if you could do that, you haven't demonstrated that doing that makes any difference."
Agreed.  I love that line.
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

JTHunter

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Re: Ohio court shoots down mask mandate
« Reply #4 on: April 08, 2021, 06:11:23 PM »

Well, I'll be !
Dare I say it?  A judge with legitimate "common sense".
  ;)
“I have little patience with people who take the Bill of Rights for granted.  The Bill of Rights, contained in the first ten amendments to the Constitution, is every American’s guarantee of freedom.” - - President Harry S. Truman, “Years of Trial and Hope”

bedlamite

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Is defenestration possible through the overton window?

Lennyjoe

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Re: Ohio court shoots down mask mandate
« Reply #6 on: April 08, 2021, 11:05:17 PM »

Hopefully other businesses take note and starts pushing back on Dewine  and crew

zahc

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Re: Ohio court shoots down mask mandate
« Reply #7 on: April 09, 2021, 09:43:47 AM »

Ohio is such a weird state.
Maybe a rare occurence, but then you only have to get murdered once to ruin your whole day.
--Tallpine

MechAg94

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Re: Ohio court shoots down mask mandate
« Reply #8 on: April 09, 2021, 09:51:05 AM »

The critics of these decisions always forget.  If the damn masks were so important why don't they pass a law through the legislature to require them?  No need for dictatorial emergency powers.  I can only assume they wanted precedent for future dictators. 
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

zxcvbob

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Re: Ohio court shoots down mask mandate
« Reply #9 on: April 09, 2021, 11:54:02 AM »

The critics of these decisions always forget.  If the damn masks were so important why don't they pass a law through the legislature to require them?  No need for dictatorial emergency powers.  I can only assume they wanted precedent for future dictators.

That's my beef.  After a short period of time (a month?  6 weeks?) it's not an emergency anymore. 

The executive's emergencies powers are to react quickly to a crisis and buy time for the legislature to act -- if anything really needs to be done long-term.  If the legislature is not in session, you call a special session.  Once the legislature has had a chance to do their job (even if they choose not to do anything) the executive's decrees are irrelevant and void.  He still has a "bully pulpit" and can make recommendations.  They can't delegate lawmaking to the executive branch; it's a separation of powers thing.
"It's good, though..."