Ohio Judge: Health Dept Director Has No Authority to Issue Mask, Distancing and Other Orders

Ashland, Ohio – An Ohio judge ruled that the Director of the Ohio Department of Health (ODH) does not have the authority to issue mask mandates, social distancing or other types of mandates since Ohio law does not give the agency such stated or implied authority.

Ashland County Common Pleas Judge Ron Forsthoefel wrote that the ODH only has ultimate authority in matters of isolation and quarantine – matters the legislature defined in Senate Bill22, the law enacted when the General Assembly overrode Ohio Governor Mike DeWine’s veto of the bill last month.

The case Forsthoefel judged involved Cattlemans Restaurant and the Ashland County Health Department – the latter which issued a cease and desist order against the restaurant for an alleged violation of the COVID-related Dine Safe Order.

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Ohio Judge Castigates DeWine, Acton Over Their ‘Oppressive’ Shutdown of Gyms

The 1851 Center for Constitutional Law, working on behalf of 35 independent gyms, struck a significant win for their right to exist by persuading a court to rule against Gov. Mike DeWine and Dr. Amy Acton’s “oppressive” shutdown of their businesses.

The Ohio Court of Common Pleas in Lake County on Wednesday handed down a decision that castigated DeWine and the health department director and granted a preliminary injunction to prevent the gym owners from being prosecuted for opening while awaiting a court trial. The ruling is available in its entirety here.

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