Sunday, August 22, 1999
Recent Ohio Supreme Court cases
Several cases give insight into the way the Supreme Court interprets Ohio law and the state constitution.
• DeRolph v. Ohio — This landmark 4-3 decision struck down the way Ohio finances public schools. The court ordered state lawmakers to revamp a system that relies too heavily on local property taxes, creating vast disparties between rich and poor schools.
• Ohio Academy of Trial Lawyers v. Sherward — This 4-3 decision struck down a sweeping 1996 rewrite of the state's civil justice system. The majority found lawmakers overstepped their authority in limiting the types of lawsuits people can file and capping damages.
• Genaro v. Central Transport, Inc. — Split 4-3 again, the justices found that supervisors and managers may be held individually liable for their own conduct in cases involving discrimination and sexual harassment.
• State of Ohio v. Berry — In a unanimous decision, the court denied an attempt to seek additional psychological testing for death row inmate Wilford Lee Berry Jr. The ruling cleared the way for Mr. Berry's Feb. 19 execution.
• Simmons-Harris v. Goff — Opponents of Cleveland's school voucher program, which uses public money to send 4,000 children to private and religious schools, argued the program violates the constitutional separation of church and state. In a 5-2 ruling, the court disagreed but struck down the program because it violated a provision of the Ohio Constitution limiting bills to one subject. The controversial voucher program had been rolled into the must-pass state budget bill. Lawmakers revived the program in the latest state education budget. A federal appeal is pending.
• State of Ohio v. Williams — The court found the offense of domestic violence depends on the relationship of the parties rather than their living circumstances. The Cincinnati case involved a couple that maintained separate residences but spent most nights together.
• Police Officers for Equal Treatment v. Lashutka — An example of the court's zealous enforcement of Ohio's open-records law. Justice Andrew Douglas chided the City of Columbus for witholding investigative reports prompted by complaints of police brutality.
• Ritchey Produce Co. Inc. v. Ohio Department of Administrative Services — In a unanimous decision, the court upheld the state's minority set-aside law for service contracts. The impact of this ruling is in doubt, though, because a federal judge struck down another part of the law dealing with construction projects. A federal appeals court likely will rule on the entire law.
• State of Ohio v. Gustafson — The court upheld a law intended to crack down on drunken driving by revoking licenses of motorists who refuse to submit to an alcohol breath test. Revoking the license, Chief Justice Thomas J. Moyer wrote for the majority, does not constitute double jeapordy if the defendant later is charged with druken driving.
• State of Ohio v. Robinette — This decision prohibited police officers from questioning a motorist after a traffic stop unless the officer first says the driver is free to leave. Police should not be allowed “to turn a routine traffic stop into a fishing expedition for unrelated criminal activity,” the court said.
• Cincinnati Bell Telephone Company v. Cincinnati — The majority opinion, written by Chief Justice Moyer, upheld a tax assessed by the cities of Cincinnati, Blue Ash and Fairfax on the net profits of Cincinnati Bell. Business groups interpreted the decision as a harbinger of new municipal taxes. Their allies in the Republican-controlled General Assembly quickly approved legislation blocking any such taxes without legislative approval.
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