Court Enjoins Enforcement of “Stay Safe Ohio” Order Against Gyms
Earlier today a judge on the Lake County Court of Common Pleas issued a preliminary injunction against the Ohio department of Health and Lake County General Health District barring enforcement of the state’s shutdown order as applied to gyms and health clubs, insofar as such businesses comply with all applicable safety regulations. The decision is here. The complaint, filed by the 1851 Center for Constitutional Law, is here.
The court’s decision is wholly based on state law grounds, specifically the Ohio Constitution and other provisions of Ohio law. Among other things, the court concluded that Ohio Health Director Amy Acton exceeded her statutory authority in imposing a de facto quarantine for longer than the incubation period for the coronavirus that causes Covid-19. Under the Ohio Administrative Code, the length of a quarantine is supposed to be equivalent to the incubation period of the contagion (not the period of communicability, which appears to be a problem with the w
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