Interim Ohio Health Director Lance Himes succeeded in requesting that a lawsuit to overturn the use of masks in public schools be moved out of Putnam County Common Pleas Court and into his home turf, The Lima News reported.
The case has moved to Franklin County. The plaintiffs live largely in Northwest Ohio, in communities including Leipsic, Berkey and Perrysburg.
According to the complaint, the plaintiffs asked for declaratory judgment, a temporary restraining order and injunctive relief, claiming the mask mandate is unconstitutional.
The docket information in the Putnam County Common Pleas Court is available here. There are 30 plaintiffs, who are represented by attorney Michael H. Stahl. Himes is the defendant. Franklin County Common Pleas Court was listed as an interested party.
A search Sunday on the Franklin County Common Pleas case website did not yield any results.
Judge Keith H. Schierloh on Sept. 22 ruled in favor of transferring the location of the case, titled, Miller, Jennifer et al Himes, Attorney, Lance.
The affidavit of Lance Himes does indicate that he is the interim director for the Ohio Department of Health as well as indicates that his business address is 246 North High Street Columbus, Franklin County, Ohio. Case law would clearly indicate that based upon the principal place of business for a public official venue would be proper in that county. “Where a public officer is involved the appropriate venue rule appears in Civil Rule 3 (8) (4). It places venue in; A county in which a public officer maintains his principal office if suit is brought against him in his official capacity. Dayton City School Dist. v. Cloud, 26 Ohio Misc. 133, 133-134, 266 N.E.2d 273 (C.P.1971)
Schierloh denied the plaintiffs’ motion to reconsider the venue change.
Stahl said the citizens of Ohio did not receive due process in the issuing of the mask mandate, Statehouse News Bureau reported. Lawmakers, not Himes or Gov. Mike DeWine, should create mandates.
In the complaint, the plaintiffs said that Himes is not a medical doctor but instead is a lawyer “who does not appear to have any formal medical training whatsoever. Attorney Himes, in the name of health, claims the sole personal authority to control every aspect of Ohioans lives en masse, yet could not lawfully prescribe an aspirin to an individual.”
Plaintiffs dissent from this view, yet are being compelled to participate, and have their children participate in the State’s symbolic endorsement of panic over process.
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Jason M. Reynolds has more than 20 years’ experience as a journalist at outlets of all sizes.
