Legislative Update: Ohio’s Continued Effort to Legalize Sports Betting

In General by Coolidge Wall

In my September 6, 2018 blog post, I discussed the U.S. Supreme Court’s 2018 ruling in Murphy v. National Collegiate Athletic Association, which held that the Professional and Amateur Sports Protection Act of 1992 (“PASPA”) was unconstitutional. PASPA previously prohibited state-sanctioned sports betting and effectively outlawed sports betting anywhere but Nevada. The Supreme Court’s ruling opened the door for all 50 states to legalize sports betting within their borders. At the time, I cited two identical “placeholder” bills which had been introduced in the Ohio House and Senate, both of which made clear the General Assembly’s intention to enact legislation …

Political Signs on Limited Public Forums

In General by Coolidge Wall

As the 2020 primary and general election swiftly approaches, local governmental entities (i.e., cities, townships, villages, and municipalities) will be required to regulate hundreds of polling stations throughout the State of Ohio for citizens to vote for candidates in national, state, and local elections. These local governmental entities must effectively balance voters’ rights to free speech and the local interest to keep polling stations safe, organized, and void of any political bias for any of the candidates. Churches that serve as polling stations across Ohio have attempted to regulate the type of political signs displayed on their property. According to …

Electric Scooters: Regulation, Litigation and Consternation

In General by Coolidge Wall

Electric scooters are likely already in your city and if not, the chances are good that they will be soon. In cities across Ohio, the United States and the world, one often does not have to go far before stumbling upon, perhaps quite literally, a huddling mass of scooters on a corner or sidewalk. Ohio Cities Regulate Scooters with Local Ordinances: Will Statewide Regulation Be Next? Despite whatever differences exist between the Ohio cities and the scooter companies, local legislatures have found commonality in how they regulate the product and its use. All Ohio cities with scooters regulate their use, …

Kids Heading to College this Summer? Consider a Roommate Agreement

In General by Coolidge Wall

If you drive down Main Street in any college town, you are likely to encounter newly developed and/or renovated luxury apartments. Many of these apartments will have rent that outpaces the average mortgage payment in the region. A common issue that arises with these off-campus apartments is the joint and several rental obligations of multiple tenants who are a party to the same lease. Sometimes, rent is split 2-ways or, in some circumstances, 4-ways. But, unless the lease agreement explicitly states otherwise, each tenant is jointly and severally liable for the entire rental amount, regardless of how many roommates are …

Legislative Update: Sports Betting Coming to a City Near You?

In General by Coolidge Wall

In my September 6, 2018 blog post, I discussed the U.S. Supreme Court’s May 2018 ruling in Murphy v. National Collegiate Athletic Association, which found the federal Professional and Amateur Sports Protection Act of 1992 (“PASPA”) unconstitutional. PASPA prohibited state-sanctioned sports betting and effectively outlawed sports betting outside of Nevada. The Court’s ruling opened the door for all 50 states to legalize sports betting within their borders. At the time, two identical “placeholder” bills (the “Bills”) had been introduced in the Ohio House and Senate, both of which made clear the General Assembly’s intention to enact legislation legalizing sports betting …

The Ohio Supreme Court Changes its Interpretation of the Confidential Law Enforcement Investigatory Records Exception to the Ohio Public Records Act

In General by Coolidge Wall

In December of 2016, the Ohio Supreme Court, in State ex rel. Caster v. City of Columbus, 2016-Ohio-8394, changed the way that a public office may respond to a public records request where the confidential law enforcement investigatory records exception applies. Confidential law enforcement investigatory records (“CLEIRS”) are not considered public records pursuant to Ohio Revised Code Section 149.43(A)(1)(h). Investigatory work product may be withheld by a public office under the CLEIRS exception. Before the Ohio Supreme Court’s decision in Caster, the CLEIRS exception regarding investigatory work product was interpreted as applying until all possible proceedings had been completed, including …

An Overview of New Statute Regarding Disputes Alleging Denial of Access to Public Records

In General by Coolidge Wall

On September 28, 2016, Ohio Revised Code Section 2743.75 went into effect, which gives the Court of Claims exclusive and sole jurisdiction over disputes alleging denial of access to public records. This Section gives aggrieved individuals an alternative to filing a mandamus action if their public records request is denied. If an individual’s public records request is denied, they now have the option to file a complaint in the Court of Claims with a $25 filing fee. When a complaint is filed, a special master will be appointed. The special master will determine whether or not the case should go …

So You Repaired, Stored, or Towed a Car and The Owner Won’t Come Pick It Up… Now What?

In General by Coolidge Wall

Abandoned vehicles are an all too common problem for owners of repair garages, towing services, and storage facilities. Fortunately, Ohio law allows these businesses to claim title to abandoned vehicles and if done properly, without the excessive cost of litigation to secure Court ordered title. This process and correlating requirements are governed by Ohio Revised Code § 4505.101 which applies to vehicles worth less than $3500 and left unclaimed for a certain number of days (depending on your type of business, this number ranges from five to fifteen) following the completion of a requested repair or agreed upon term of …

Home Rule Authority in Ohio Municipalities

In General, Municipal by Coolidge Wall

Ohio cities have flexibility under Ohio law to establish laws in accordance with the powers of local self-government, otherwise known as Home Rule Authority. The relevant provisions of the Ohio Constitution were enacted in 1912 and read: Municipal Powers of Local Self-Government. §3 Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws. Home rule; Municipal Charter. §7 Any municipality may frame and adopt or amend a charter for its government and may, subject to …

Coolidge Attorneys Receive Super Lawyers Recognition

In General by Coolidge Wall

Coolidge Wall is pleased to announce that six of its attorneys have been selected by their peers as 2015 Ohio Super Lawyers®: Michelle D. Bach (Workers’ Compensation) Christopher R. Conard (General Litigation) David C. Korte (Workers’ Compensation) Stephen M. McHugh (State/Local/Municipal Law) David P. Pierce (Business Litigation) Sam Warwar (Tax Law) Individuals listed in the Ohio Super Lawyers publication and on the website (www.superlawyers.com) are chosen based on a thorough evaluation process that includes peer review by practice area and independent research after being nominated by their peers. Additionally, Joshua R. Lounsbury has been selected as a 2015 Ohio Rising …