HEROIC Ohio Restaurant Owner Wins Case Over Fraudulent Mask Order
HEROIC!! Mandy Close, owner of Cattleman’s Restaurant in Savannah Ohio, sued the REPUBLICAN governor Mike Dewine & Ohio health department over their fraudulent mask order, after her restaurant was shut down because they refused to wear masks. Close was represented by The 1851 Center for Constitutional Law.
Great Kudos to Judge Ronald Forsthoefel, who issued the ruling.
OHIO COURT: STATE MASK MANDATES UNCONSTITUTIONAL
FOR IMMEDIATE RELEASE April 6, 2021
In Ashland County, ”any further attempt to enforce mask restrictions will result in further restraint of any such attempt.”
Ashland, OH – An Ohio Court late Wednesday cast doubt on the lawfulness of the state’s mask mandates, holding that the Governor and Department of Health lack authority to issue such mandates.
The decision by Judge Ronald Forsthoefel of the Ashland County Court of Common Pleas comes on behalf of 1851 Center for Constitutional Law’s client Cattlemans Restaurant in Savannah, Ohio. The Court concludes that “Plaintiffs should not be subject to any further enforcement action,” over masks due to the following:
“R.C. 3701.13 grants no authority to the Director of the Ohio Department of Health to issue or enforce mandatory mask orders since there is no stated or implied authority in R.C. 3701.13 which authorizes any action to prevent the spread of contagious or infections disease.” “The Dine Safe Ohio Order in this case fails to accomplish anything scientifically demonstrable, or otherwise corroborated with empirical data, to prevent the spread of contagious or infectious diseases even if that purpose were authorized by R.C. 3701.13.” Local health departments may not suspend restaurants’ licenses for “immediate danger to public health” arising from mask violations because such danger has not been “factually established nor scientifically demonstrated.”
“The Court’s Order is further evidence that no statute permits Ohio agencies to overregulate all Ohioans over an extended period of time, and that if one did, it would violation the Ohio Constitution’s separation of powers,” explained 1851 Center Executive Director Maurice Thompson. “The decision provides a roadmap for elected officials in other counties, who ultimately maintain the power to protect their citizens from the State’s arbitrary and continuous administrative overreach, since virtually all enforcement of these orders is undertaken locally.”
The Court’s reasoning arises while addressing procedural, jurisdictional, and timing issues in a case that ultimately resulted in an injunction forbidding the county’s health department from suspending food service operations licenses in response to restaurant employees not wearing masks.
The Ashland County Health Department had suspended Cattlemans business license for mask violations in July of 2020, but the 1851 Center won a Temporary Restraining Order permitted the Restaurant to open the next week.
Read the Read the Court’s Order here. https://drive.google.com/file/d/1vtR4uY8rQWCi6kjg5KIrMjEDto5JCxtX/view?usp=sharing
The 1851 Center for Constitutional Law is a nonprofit, nonpartisan legal center dedicated to protecting the constitutional rights of Ohioans from government abuse. The 1851 Center litigates constitutional issues related to property rights, regulation, taxation, and searches and seizures.
These mask orders are completely fraudulent, dishonest lies. This is not about health, it's about control and getting the people to BLINDLY SUBMIT. I believe that ultimately these fraudulent, very harmful, dehumanizing, diabolical mask orders are from the father of lies, satan. I am Catholic and Catholic priest Father James Altman of Wisconsin covers this in his recent homily on Palm Sunday. A must-see. "LET US CAST OFF THIS GODLESS MADNESS, FOREVER MORE!" ❤🙏🏻😇🙏🏻🙏🏻🙏🏻