Alvin D. Jackson, M.D., Ohio Department of Health v. Bartec, Inc., et al.

Jackson, M.D.,Ohio Department of Health v. Bartec, Inc., et al. - Memorandum in Support of Jurisdiction of Amici Curiae Ohio Licensed Beverage Association and Buckeye Liquor Permit Holders Association

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This is a Memorandum in Support of Jurisdiction of Amici Curiae Ohio Licensed Beverage Association and Buckeye Liquor Permit Holders Association, filed with the Ohio Supreme Court in the case of Alvin D. Jackson, M.D., Ohio Department of Health v. Bartec, Inc., et al. ("Zeno's"). The appeal is an appeal from the Court of Appeals for the Tenth District of Ohio. The Amici Brief urges the Ohio Supreme Court to accept the appeal on three propositions of law:

(1) The Ohio Department of Health's method of enforcing the smoking ban violates separation of powers.

(2) Application of the smoking ban unreasonably extinguishes the property rights of Zeno's and other Ohio bar owners.

(3) Past citations under the same statute do not prohibit Ohioans from seeking and obtaining prospective declaratory and injunctive relief.

The case number for this appeal is 2011-0019.

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Reference Info:State, 6th Circuit, Ohio | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Tyler Kahler, Kahler Law Office, LLC | Attorney Advertising

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