Armed Polite Society
Main Forums => Politics => Topic started by: Lennyjoe on April 08, 2021, 12:29:09 AM
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Finally Ohio gets something right. Wonder how DeWine will respond to this.
https://ohioconstitution.org/ohio-court-state-mask-mandates-unconstitutional/
BREAKING NEWS
OHIO COURT: STATE MASK MANDATES UNCONSTITUTIONAL
In Ashland County,” any further attempt to enforce mask restrictions will result in further restraint of any such attempt.”
Ashland, OH – An Ohio Court late Tuesday cast doubt on the lawfulness of the state’s mask mandates, holding that the Governor and Department of Health lack authority to issue such mandates.
The decision by Judge Ronald Forsthoefel of the Ashland County Court of Common Pleas comes on behalf of 1851 Center for Constitutional Law’s client Cattlemans Restaurant in Savannah, Ohio. The Court concludes that “Plaintiffs should not be subject to any further enforcement action,” over masks due to the following:
“R.C. 3701.13 grants no authority to the Director of the Ohio Department of Health to issue or enforce mandatory mask orders since there is no stated or implied authority in R.C. 3701.13 which authorizes any action to prevent the spread of contagious or infections disease.”
“The Dine Safe Ohio Order in this case fails to accomplish anything scientifically demonstrable, or otherwise corroborated with empirical data, to prevent the spread of contagious or infectious diseases even if that purpose were authorized by R.C. 3701.13.”
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Good. My supply of lefty tears was running low. Do you think someone will top the "human sacrifice" line from a few months ago?
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“R.C. 3701.13 grants no authority to the Director of the Ohio Department of Health to issue or enforce mandatory mask orders since there is no stated or implied authority in R.C. 3701.13 which authorizes any action to prevent the spread of contagious or infections disease.”
“The Dine Safe Ohio Order in this case fails to accomplish anything scientifically demonstrable, or otherwise corroborated with empirical data, to prevent the spread of contagious or infectious diseases even if that purpose were authorized by R.C. 3701.13.”
POW! WHACK!
Double whammy! "You can't do that. And even if you could do that, you haven't demonstrated that doing that makes any difference."
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POW! WHACK!
Double whammy! "You can't do that. And even if you could do that, you haven't demonstrated that doing that makes any difference."
Agreed. I love that line.
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Well, I'll be !
Dare I say it? A judge with legitimate "common sense". ;)
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Sounds familiar:
https://abcnews.go.com/Health/wireStory/wisconsin-supreme-court-strikes-mask-mandate-76789029
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Hopefully other businesses take note and starts pushing back on Dewine and crew
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Ohio is such a weird state.
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The critics of these decisions always forget. If the damn masks were so important why don't they pass a law through the legislature to require them? No need for dictatorial emergency powers. I can only assume they wanted precedent for future dictators.
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The critics of these decisions always forget. If the damn masks were so important why don't they pass a law through the legislature to require them? No need for dictatorial emergency powers. I can only assume they wanted precedent for future dictators.
That's my beef. After a short period of time (a month? 6 weeks?) it's not an emergency anymore.
The executive's emergencies powers are to react quickly to a crisis and buy time for the legislature to act -- if anything really needs to be done long-term. If the legislature is not in session, you call a special session. Once the legislature has had a chance to do their job (even if they choose not to do anything) the executive's decrees are irrelevant and void. He still has a "bully pulpit" and can make recommendations. They can't delegate lawmaking to the executive branch; it's a separation of powers thing.