Ohio Judge Deems the State's COVID-19 Lockdown 'Arbitrary, Unreasonable, and Oppressive'
Ohio Gov. Mike DeWine
Ohio's COVID-19 lockdown is illegal, a state judge ruled today, because it exceeds the powers granted by the statute under which it was imposed. Responding to a May 8 lawsuit filed by the 1851 Center for Constitutional Law on behalf of 35 gyms, Lake County Court of Common Pleas Judge Eugene Lucci enjoined Ohio
Department of Health Director Amy Acton from penalizing the plaintiffs
or similar businesses for violating the lockdown, provided "they operate
in compliance with all applicable safety regulations."
In issuing her business closure and stay-at-home orders, Acton relied on a statute that
gives her department "ultimate authority in matters of quarantine and
isolation." Lucci concluded that Ohio's lockdown does not meet the legal
requirements for "isolation," which is defined as "the separation of an
infected individual from others during the period of disease
communicability," or a "quarantine," which is defined as "the
restriction of the movements or activities of a well individual or
animal who has been exposed to a communicable disease during the period
of communicability of that disease." A quarantine is supposed to last
only as long as "the usual incubation period of the disease"—two to 14 days, in the case of COVID-19.
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