Friday, August 22, 2003

Judge says governor can't close Lima prison



The Associated Press

LIMA, Ohio - A judge on Thursday ordered the state to stop its plan to close the Lima Correctional Institution, saying Gov. Bob Taft lacked authority to shut the prison down.

In January, Taft ordered the 1,500-inmate prison in northwest Ohio closed to save $25 million a year and ensure the state's finances remain in the black.

Allen County Common Pleas Court Judge Richard Warren ruled corrections officers at overcrowded prisons could be in danger if Lima inmates continue to be moved to other sites.

The law mandates safety be primary concern in any decision on prisons, he said.

Taft overstepped his authority because the state Legislature never relinquished control of the prison it created in 1982, Warren said.

"This is not about discretion. It's about the clear mandate of the General Assembly," Warren wrote"Safety of guards, employees, inmates and citizens will not be compromised in order to balance the governor's overall budget."

Warren also said a 1995 law requires the governor to first determine a prison is not needed before it can be closed and that Taft gave "budget deficiencies" as his reason for wanting the prison shut down.

Attorney General Jim Petro asked the court to stay its decision and planned to appeal to the 3rd Ohio District Court of Appeals, spokeswoman Kim Norris said.

Taft spokesman Orest Holubec said the decision was being reviewed by state attorneys and declined further comment.