May 7, 2008

OH- Ohio high court to hear arguments about residency law

Here is a very interesting announcement from Ohio's Supreme court. I wonder -IF- sex offender residency laws will come into play, or even be mentioned, in the court's final decision.

5-7-2008 Ohio:

The Ohio Supreme Court will decide residency laws across the state, including Akron.

The court this morning announced it has accepted an appeal from the Akron workers who have sued in reaction to laws mandating they live within city borders. A case involving the city of Lima will also be heard.

Oral arguments by attorneys and a decision is expected by year's end.

The 9th District Court of Appeals sided with Akron on the issue in January.

The appeals court declared a state law that took effect in 2006 banning most local residency requirements to be unconstitutional. The victory was a setback for Akron police and fire unions that sued to enforce the law when the city sued the state. The lawsuits were consolidated at the common pleas level.

The 9th District decision followed a similar ruling against the state in the 3rd District last month in favor of Lima.

Since the law took effect, at least eight cities have filed challenges.

Akron lost its case in Summit County Common Pleas Court last March when a judge ruled that the state law trumped the city's charter.

The central question is whether the legislature's authority to pass laws providing for the ''general welfare'' of employees is broad enough to forbid local residency requirements.

Akron has argued that the state law affects a small group of employees who voluntarily surrender their right to live wherever they want as a condition of employment.

Voters have supported the residency requirement in the city charter, approving the initial requirement in 1978 and supporting it again in 1995. ..more.. by Beacon Journal staff report

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