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Ohio Supreme Court dismisses lawsuits against Ohio House, Senate over coronavirus public health laws

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Ohio Supreme Court dismisses lawsuits against Ohio House, Senate over coronavirus public health laws


COLUMBUS, Ohio – The Ohio Supreme Court docket dismissed lawsuits Wednesday towards the Ohio Home and Senate by a bunch of 10 Ohioans who opposed coronavirus public well being legal guidelines.

The Ohioans tried to invoke a 2011 modification to the Ohio Structure to dam the state from enacting or imposing any COVID-19 restrictions.

However all seven justices agreed that it can not order the Ohio Common Meeting to enact a selected piece of laws or preemptively order the legislature to not enact payments.

The ten Ohioans, together with many from the northeast a part of the state, sued the Senate Oct. 24. Home members have been sued days later, on Oct. 31.

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They argued that since March 2020, Ohioans have seen their constitutional rights violated by necessities to put on masks, get their temperatures taken, receive vaccines, bear contact tracing and take part within the assortment of well being care data.

The plaintiffs sought a writ of mandamus, or an order commanding every legislative chamber to cease any legislative motion that they believed was in violation of Article I, Part 21 of the Ohio Structure.

That part states that no federal, state or native legislation or rule “shall compel, instantly or not directly, any individual, employer, or well being care supplier to take part in a well being care system.”

Moreover, the residents requested the courtroom to require the legislature to restrict the authority of the Ohio legal professional basic to implement health-related actions.

Voters permitted the 2011 constitutional modification through the nationwide debate over the Inexpensive Care Act of 2011, often known as Obamacare. A citizen group efficiently bought the modification on the poll, which handed, stopping any federal, state or native mandate to take part in a well being care system.

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Within the fits towards the Ohio Home and Senate, the ten Ohioans requested the Supreme Court docket to require the lawmakers to defend the constitutional modification “towards any passage of laws which can probably conflate, obfuscate or in any other case subvert the readability of rights conveyed by” the Ohio Structure.

The opinion was unsigned, with Chief Justice Maureen O’Connor and Justices Patrick Fischer, Patrick DeWine, Michael Donnelly and Melody Stewart in settlement, saying the courtroom lacked jurisdiction to order the legislative department to behave or not act by lawmaking.

Justices Sharon Kennedy and Jennifer Brunner, who’re operating towards one another for chief justice of the Supreme Court docket, every concurred with the judgement. Kennedy wrote a concurring opinion that agreed to disclaim an order for the legislature however disagreed that the courtroom lacked jurisdiction to think about the lawsuit.

The unsigned opinion famous that whereas the Ohio Structure doesn’t have a provision specifying the separation of powers among the many legislative, govt, and judicial branches, the doctrine is “implicitly embedded in all the framework” of the Structure.

The courtroom cited its 2018 resolution blocking Toledo from utilizing visitors cameras. In that ruling, the courtroom wrote that “the Common Meeting has the facility to enact, amend, and repeal statutes ,” and the lawmaking selections of the legislature “can’t be delegated or encroached upon by the opposite branches of presidency.”

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Wednesday’s unsigned opinion said the legislature could have the facility to go legal guidelines that restrain the legal professional basic’s actions, however the courtroom has no authority to order lawmakers to direct how the legal professional basic performs his duties.

Members of the Ohio Senate have been sued by Nathan C. Johnson of Ravenna, Tony Louis DeLuke III of Cuyahoga Falls, Shannon Paul Barrett of Cincinnati, Julie Erin Boso of Belpre, Robert J. Becaj Jr. of Olmsted Falls.

Members of the Home have been sued by Joseph A. Jones of Vermilion, Erik W. Jones of Vermilion, Nancy Furlong of Rocky River, Valerie E. Pawlowski of Willoughby and Bradley Lynnet of Fairview Park.

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Steve Dackin, Ohio superintendent of public instruction, resigns from job after lower than a month



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Why did Will Howard transfer to Ohio State? Explaining Kansas State departure

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Why did Will Howard transfer to Ohio State? Explaining Kansas State departure


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Rewind to Week 8 of the 2023 season, and Will Howard found himself on the bench in the second half of Kansas State’s game against Texas Tech.

Howard, who attempted only one pass in the second half of the game, was relieved by true freshman Avery Johnson, who scored five rushing touchdowns as Wildcats coach Chris Klieman said the quarterback-run game was open. Johnson’s performance led to Kansas State’s 38-21 win that night.

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Fast forward a year, and Howard is in a position no one saw coming. After losing his role for a short time in 2023, the fifth-year senior has Ohio State in the College Football Playoff semifinal and has thrown for a CFP-leading 630 yards with five touchdowns in two dominant wins over Tennessee and Oregon.

The 6-foot-4 signal caller heads into the Buckeyes’ Cotton Bowl matchup with Texas on Friday with 3,490 passing yards with 32 touchdowns to nine interceptions this season, putting himself on the NFL draft radar.

While Howard took the majority of the snaps the rest of the way for Kansas State, he did surrender some work to the Wildcats’ young phenom in 2023. His transfer to Ohio State has been clearly the right move for the Downing, Pennsylvania, native.

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Here’s everything to know about Howard’s transfer last offseason, and how he has excelled at Ohio State this season:

Why did Will Howard transfer to Ohio State?

Howard never explicitly stated his reasoning to leave Kansas State, however, with one extra season of eligibility remaining due to the COVID-19 pandemic, Howard likely wanted to play for a team ready to compete at the national stage.

Howard likely wasn’t going to achieve that at Kansas State, although he went 12-5 as the starter there in 2022 and 2023 with a 2022 Big 12 championship win over TCU, who reached the national championship that season. He also knew he’d be one of the top transfer portal quarterbacks available in a year where numerous teams had a spot to fill, along with respecting that the Wildcats had Johnson in waiting.

Ohio State, of course, also had a spot open, as Kyle McCord entered the transfer portal despite throwing for 3,170 yards with 24 touchdowns to six interceptions last season. All signs pointed to the Buckeyes taking a quarterback regardless of McCord’s move, however, to promote competition for the spot after some of McCord’s blunders in big games.

Howard took official visits to Miami, USC and Ohio State, and ultimately chose the Buckeyes due to the opportunity to win a national championship, plus the exposure on the national stage that would hopefully improve his NFL draft stock.

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“The goal I have, I want to go win a national championship,” Howard told ESPN after committing. “At the end of the day, I want to go be a starting quarterback in the NFL. … I feel like the best place to stick as a quarterback in the NFL is as a first- or second-round pick in the NFL draft. Going to Ohio State gives me a chance to make a jump and leap into that conversation.”

Howard nearly entered the NFL draft last offseason, especially after landing a coveted invite from the Senior Bowl. However, he seemingly thought that a season at Ohio State would do more for his chances than leaving last season.

Howard made huge strides as a passer during his time at Kansas State, going from a run-first quarterback to a consistent passer. His biggest jump came at Ohio State, however, as his completion percentage rose to 72.6% this season, over 10 points higher than his previous best of 61.3% in 2023.

Howard said his production at Kansas State didn’t match what he thought of himself as a player, and that rung true after his showing with the Buckeyes this season.

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“The week before I committed here I received a Senior Bowl invite,” Howard told reporters at his introductory press conference last January. “That was probably the thing I was closest to doing was going in the draft. I was projected a third- to sixth-round pick, that’s what I was hearing. You can never really trust everything you hear, but that was consensus what I was hearing.

“I just felt like I had the opportunity and felt like my talent level didn’t match where my stock was. And I felt like I couldn’t pass up an opportunity to try and bump that up and go somewhere to compete for a national championship.”

Will Howard stats

Here are Howard’s year-by-year college stats:

  • 2020 (Kansas State): 90 of 168 passing (53.6%) for 1,178 yards with eight touchdowns to 10 interceptions; 78 rushes for 364 yards with three touchdowns
  • 2021 (Kansas State): 30 of 55 passing (54.5%) for 332 yards with a touchdown to an interception; 32 rushes for 184 yards with four touchdowns
  • 2022 (Kansas State): 119 of 199 passing (59.8%) for 1,633 yards with 15 touchdowns to four interceptions; 35 rushes for 22 yards with three touchdowns
  • 2023 (Kansas State): 219 of 357 passing (61.3%) for 2,643 yards with 24 touchdowns to 10 interceptions; 81 rushes for 351 yards with nine touchdowns
  • 2024 (Ohio State): 268 of 369 passing (72.6%) for 3,490 yards with 32 touchdowns to nine interceptions; 82 rushes for 165 yards with seven touchdowns



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Ohio state Sen. Ben Espy, who died at 81, to be remembered at service for breaking barriers

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Ohio state Sen. Ben Espy, who died at 81, to be remembered at service for breaking barriers


COLUMBUS, Ohio (AP) — Respected Ohio attorney and former state Sen. Ben Espy will be remembered at a celebration of life Monday for his decades of service to the state and its capital city.

Espy died on Jan. 4 at age 81 after a brief illness.

Espy, a Democrat, broke racial barriers as the first Black person to serve as president pro tem of the city council in the capital, Columbus, for most of the 1980s and as minority leader of the Ohio Senate, where he served from 1991 to 2000.

Though his hopes of attaining higher office were ultimately dashed, Espy continued to earn honors from members of both parties throughout his career.

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Then- Democratic Ohio Attorney General Marc Dann tapped Espy as his top lieutenant in 2007 and chose Espy in 2009 to lead a high-profile internal investigation into allegations of sexual harassment at the office. The final report was damning.

“I don’t think anyone anywhere is going to question Ben Espy’s integrity,” Dann’s spokesperson, Leo Jennings, remarked at the time.

Two years later, Republican Maureen O’Connor invited Espy to deliver the keynote address at her swearing-in ceremony as Ohio’s first female chief justice.

Espy’s most lasting efforts were probably in the city of Columbus.

He established the city’s Martin Luther King Jr. Day celebration, now one of the nation’s largest, as well as the Columbus Youth Corps, a program teaching ethics and professionalism to young people that was designated as one of President George H.W. Bush’s “points of light.”

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He also created “The Job Show,” a cable program produced by the city that helped people find jobs. It was named the best municipal cable program in the U.S. in 1986 and 1987.

“He was the community’s person,” daughter Laura Espy-Bell said. “We’re hearing countless stories of people whose lives were changed because of my dad.”

Columbus Mayor Andrew Ginther remembered Espy as “a remarkable leader and advocate” for city residents. U.S. Rep. Joyce Beatty, who represents Columbus in Congress, said Espy’s legacy “is felt in every corner of community.”

Columbus City Council President Shannon Hardin called Espy “a towering statesman and a fighter for justice and equality.”

“Ben Espy is the kind of trailblazer on whose shoulders so many of us stand now,” Hardin posted on X.

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Born in Nashville, Tennessee, on July 12, 1943, Espy graduated in 1961 from Sandusky High School, where he played football and ran track. He was recruited to Woody Hayes’ Ohio State Buckeyes football team, where he was a running back. He graduated from The Ohio State University in 1965 with a bachelor’s in political science and went on to earn a law degree from Howard University in 1968.

Espy began his legal career as a corporate lawyer for Allegheny Airlines and then entered the U.S. Air Force, serving as an assistant staff judge advocate. He returned to Ohio in 1972, where he began the first of his stints at the Ohio Attorney General’s office before starting his own law practice and eventually entering politics.

He and his wife, Kathy Duffy Espy, who died in 2022, had four daughters and 11 grandchildren. Espy-Bell said that by day her father worked hard for the community, but at night he always had time to read a bedtime story to his daughters or attend his grandchildren’s soccer games.

Espy was involved in a freak accident in 1984 in which he was struck by a falling cornice that broke off an aging building in downtown Columbus as he walked by. He lost the lower part of his right leg.

Espy-Bell said her father didn’t let that slow him down.

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“Two things got him through that,” she said. “One was the strength of my mother to carry our family through, raising four little girls. The other was the strength of my father, in his resiliency, to come back even stronger and even better.”

Derrick Clay, president and CEO of the Columbus Chamber of Commerce, said Espy’s story “reminds us all that challenges can become opportunities to make an even greater impact.”

Republican Gov. Mike DeWine ordered flags to be lowered to half-staff in Espy’s honor on the day of his funeral.





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'Putting mud in the clear water of transparency' | Ohio police can now charge up to $750 for body cam video

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'Putting mud in the clear water of transparency' | Ohio police can now charge up to 0 for body cam video


CINCINNATI — Ohio Gov. Mike DeWine signed an omnibus bill Thursday that includes a provision that allows Ohio law enforcement agencies to charge up to $75 per hour of video requested under the state’s public record laws. The law caps the total at $750.

“We’re thankful to the governor for signing the bill,” Michael Weinman, Ohio FOP’s director of government affairs, told WCPO.

The law is intended to help departments recoup labor costs for the time spent to redact and prepare videos for release once a request is made. Officials said they are also hopeful the law will help prevent bad actors online from monetizing “sensational” videos.

“We get flooded with these requests,” Weinman said. “And what they’re looking for is bar fights and different things — something sensational that they can get likes on and get clicks and things like that. And so, what we hope this does is when you increase that charge; it filters those people out.”

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Criminal attorney Joshua Evans believes the legislation could backfire.

“It’s like putting mud in the clear water of transparency,” Evans said. “A lot of people have a lot of distrust in police officers already and this could be looked at as another roadblock for poor people not to be able to get what they need, you know, to make a claim.”

RELATED | Concerns arise over possibility of police charging for video in Ohio

Evans said he believes this law, if not challenged, could further erode trust and hinder accountability for law enforcement.

“It’s a public records request,” Evans said. “I think public records should be free. I think there’s a better way of parsing those people out. It kind of sends a message you can only get justice if you got money and that’s never a good message you want to send.”

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In his press release about the bill signings, DeWine addressed the concerns around this legislation. In a statement, he said in part:

“I strongly support the public’s — and the news media’s — right to access public records. The language in House Bill 315 doesn’t change that right. Law enforcement-worn body cameras and dashboard cameras have been a major improvement for both law enforcement investigations and for accountability.

However, I am sensitive to the fact that this changing technology has affected law enforcement by oftentimes creating unfunded burdens on these agencies, especially when it comes to the often time-consuming and labor-intensive work it takes to provide them as public records.

No law enforcement agency should ever have to choose between diverting resources for officers on the street to move them to administrative tasks like lengthy video redaction reviews for which agencies receive no compensation — and this is especially so for when the requestor of the video is a private company seeking to make money off of these videos.”

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