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 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
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?
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
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
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 …
Government Employers: Do Your Current Termination Practices Protect You from Procedural Due Process Claims?
What is procedural due process? Procedural due process is a constitutionally protected interest. Due to this interest, prior to any taking of life, liberty, or property by the government, United States’ citizens are entitled to notice and the opportunity to be heard. Public employers should particularly be concerned with their employees’ property and liberty interests and educate themselves on the type of process due to its employees prior to, and in some cases after, the termination of an employee. Property Interest In the public employment context, some employees may have a property interest in their continued employment. To determine whether …
Is “Standing” Required Before Boards of Zoning Appeals?
The Board of Zoning Appeals (“BZA”) of a political subdivision in Ohio is an administrative body which conducts “quasi-judicial” proceedings. BZA decisions can be appealed under Ohio Revised Code §2506.01. State ex rel. Travelcenters of Am., Inc. v. Westfield Township Zoning Comm (1999) 87 Ohio St.3d 161. The BZA must establish a record of proceedings which, upon review by a court of common pleas, is not determined to be “unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence on the whole record.” R.C. §2506.04. Therefore, a BZA should not consider evidence which is …
EEOC Challenges Wellness Programs
Many employers are implementing wellness programs associated with providing employees health insurance. The EEOC is concerned about wellness programs and has filed at least two complaints this year alleging that an employer’s wellness program violated the Americans with Disabilities Act of 1990. In the first complaint, EEOC v. Orion Energy Systems, Inc., the employer implemented a wellness program under which the employees were required to complete a health risk assessment that included a physical fitness component. The health risk assessment required that employees disclose their medical history, answer disability-related inquiries, and have blood work performed. One employee objected to participation …
IRS Announces 2015 Pension Plan Limitations
On October 23, 2014, the IRS announced cost-of-living adjustments for 2015 retirement plan contributions. For 2015, the amounts that individuals will be able to contribute to retirement plans will increase $500 to $18,000. The catch-up contribution limit for employees age 50 and over will also increase $500 to $6,000. This chart summarizes the limitations for 2015: Contribution Limits 2015 2014 Elective Deferral Limit – 401(k), 403(b) and 457(b) Plans $18,000 $17,500 Catch-Up Contribution Limit $6,000 $5,500 Elective Deferral Limit – SIMPLE Retirement Plan $12,500 $12,000 Catch-Up Contribution Limit – SIMPLE Retirement Plan $3,000 $2,500 Contribution Limit – IRA $5,500 $5,500 …