Ice Miller Represents Ohio Municipalities in Case Challenging Constitutionality of Micro-Wireless Am Ice Miller Represents Ohio Municipalities in Case Challenging Constitutionality of Micro-Wireless Am

Ice Miller Represents Ohio Municipalities in Case Challenging Constitutionality of Micro-Wireless Amendments

On Friday, June 2, Judge Frye of the Franklin County Court of Common Pleas ruled in favor of the City of Bexley, Ohio and 49 other Ohio municipalities in a case relating to the One-Subject Rule. This suit challenged the constitutionality of portions of Sub S.B. 331, which were enacted December 2016 in a lame duck session of the 131st General Assembly. In that session, the House Finance Committee substantially rewrote statewide rules pertaining to micro-wireless 5G telecommunications equipment, which were ultimately signed by Governor Kasich and became effective March 21, 2017.
 
By rejecting the arguments of the defendants in this case, the state of Ohio and the CTIA – The Wireless Association, Judge Frye found that S.B. 331 addressed numerous unrelated subjects. He rejected the state’s and CTIA’s efforts to argue that eliminating a patchwork quilt of municipal business regulations unified the bill. Judge Frye further found that the so-called Petland provisions of the bill relating to the regulation of dog sales and the provisions criminalizing animal abuse survived, but the micro-wireless amendments to Chapter 4939 were not constitutionally enacted. He also held that the minimum wage provision (prohibiting any political subdivision from adopting a minimum wage different from that established by the state) and the hours and conditions of work provisions were also not constitutionally enacted.
 
Representing the plaintiffs in this case are Daniel Anderson, John Gilligan, Jeremy Grayem, Christopher Miller and Gregory Dunn.
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About Ice Miller LLP
Ice Miller LLP is a full service law firm dedicated to helping our clients stay ahead of a changing world. With over 340 legal professionals in eight offices, we advise clients on all aspects of complex business issues across more than 20 practice areas. Our clients include emerging growth companies, FORTUNE 500 corporations, municipal entities and nonprofits. Learn more about Ice Miller and our client commitments.
 
This press release is intended for general information purposes only and does not and is not intended to constitute legal advice.

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