The Associated Press
LIMA, Ohio - A judge prohibited the state from shutting down the Lima Correctional Institution until a lawsuit settles whether Gov. Bob Taft had the authority to order the prison closed.
Judge Richard Warren granted a preliminary injunction Thursday. Lawyers will try to show at the next hearing Aug. 18 if Taft overstepped his powers by ordering a prison created by the state's Legislature in 1982 closed.
"The first and ultimate issue that has to be addressed is whether the governor had the legal authority to issue the order to close LCI," Warren wrote in his ruling at the Allen County Common Pleas Court.
Taft in January announced he would shut down the 1,500-inmate prison to save $25 million a year. The Ohio Civil Service Employees Association, which represents about 400 of the prison's employees, filed the lawsuit July 18 after an arbitrator ruled against the union's attempt to keep the prison open.
Ohio law says, regardless of economic conditions, prisons can be closed only if they are not needed, Warren said. The state hasn't proved that the Lima prison isn't needed, he said.
Warren also cited reasons the state probably needs the prison to continue operating. He said closing it would worsen crowding in other jails and cause occupational and health problems. It also could seriously harm Lima's economy, he said.
Warren called the state's claim that it costs $78,000 a day to run the prison "overstated" and said Ohio recently increased funds for prisons.
Kim Norris, a spokeswoman for the Ohio Attorney General's Office, expressed disappointment and said the state will try to prove Taft has the authority to close the prison at the next hearing.
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