In the case of City of Bexley v. State, 10th Dist. Franklin No. 17AP-465, 2019-Ohio-4688, an Ohio appellate court held that it is improper for a court to sever unchallenged provisions of law from legislation for violating the single-subject rule located in the Ohio Constitution.
In this case, multiple Ohio municipalities opposed a bill that contained provisions relating to micro wireless facilities, minimum wage, and employer-employee relations in a bill that had the primary purpose of protecting animal welfare. A lower court found the bill violated the single-subject rule located in the Ohio Constitution.
The Ohio appellate court held that only the challenged micro-wireless facilities provision could be severed and that it was improper for a trial court to sever the unchallenged minimum wage and employer-employee relations provisions.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.