In the case of S.W. Ohio Basketball, Inc. v. Himes, 2021-Ohio-415, the Ohio Twelfth District Court of Appeals held that the Director of the Ohio Department of Health’s August 1 Health Order subjecting contact and noncontact sports to different requirements had a legitimate government interest and was rationally related to achieving that interest.
The trial court granted the company a preliminary injunction for their claims that the health order violated their procedural due process and equal protection rights, as well as violating the separation of powers doctrine.
The government argued that the trial court erred in granting the company’s a preliminary injunction because they failed to provide clear and convincing evidence of their claims.
The district court ruled in favor of the government, holding the government’s police powers in looking out for the health of its citizens gave rise to a legitimate government interest and that interest was rationally related to the distinction created between contact and noncontact sports.
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 like the always-changing 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.