The Ohio Channel

Link

Embed Code

Available Versions

To download a video: right-click on the version you'd like to save, then choose "Save Link As..." and save to your desktop.

Collections

Supreme Court of Ohio

Description

Does State Law Invalidating Local Gun Regulations Violate City's Constitutional 'Home Rule' Powers?

City of Cleveland v. State of Ohio, Case no. 2009-2280

8th District Court of Appeals (Cuyahoga County)

ISSUES:

* Does R.C. 9.68 violate the City of Cleveland's "home rule" powers under the Ohio Constitution by prohibiting the city from enforcing local ordinances that regulate the sale, possession, ownership and discharge of firearms within the city limits?

* Does R.C. 9.68 violate the separation of powers doctrine of the Ohio Constitution by legislatively mandating that, in cases where municipalities are sued for continuing to enforce local gun ordinances, state courts must order the city to pay the court costs and attorney fees of any litigant who successfully challenges the constitutionality of that ordinance?