Ohio attorney, Thomas Renz, on behalf of plaintiffs, has filed a case against the state of Ohio and Governor Mike DeWine. Renz is asking for a jury trial.
This case, in the current climate, should provoke intense interest from the public, and from every lawyer within hailing distance.
Here is the impressive opening salvo in the court filing:
In recent months, entire states have been imprisoned without due process and with the clear threat to impose such lockdowns again, interstate travel has been severely restricted, privacy rights have been devastated, numerous business takings without compensation, and many regulations being implemented without statutory process requirements under the guise of a health emergency that is roughly as dangerous as a seasonal influenza outbreak. The plaintiffs in this case have all been injured in various capacities by these unconstitutional actions, and without action by the Court, will be left without redress. More terrifying, without action by the Court, the Court will be setting future precedent that will allow states to withhold fundamental Constitutional rights, in violation of US Supreme Court precedent, circumventing the various levels of scrutiny applied to such rights, and justify such actions under public health emergency orders without subjecting those orders to any real review—just trust the bureaucrats because they are the experts.
Here is the most important point:
We humbly ask the Court in this case to…Recognize that the political process and operative orders are invalid if based on false or misleading information… and recognize the criticality that all future emergency orders be based and maintained on clear, honest facts—particularly when such orders are infringing on Constitutional rights.
In other words, a declared State of Emergency cannot stand on the mere basis of arbitrary edict.
Facts matter. Actual science matters. Reasons why an Emergency is declared matter.
People can’t be locked down and restrained from earning a living and having contact with other humans simply because a state authority decides to issue such orders.
If this case goes to trial, the door will open to the presentation of fact and science.