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· 2/16/2021

S.W. Ohio Basketball, Inc. v. Himes

Citations

  • 167 N.E.3d 1001
  • 2021 Ohio 415

Syllabus

The trial court erred and abused its discretion by granting a preliminary injunction to two businesses involved in putting on youth sports leagues and tournaments where their claims alleging an order pertaining to contact sports issued by the Ohio Department of Health to combat the COVID-19 pandemic violated their equal protection and procedural due process rights did not have a strong likelihood of success on the merits given the historic principle first recognized by the United States Supreme Court over a century ago that the police power retained by the states empowers state officials to address pandemics such as COVID-19 largely without interference from the courts so long as the orders imposed by the states are not so arbitrary and oppressive so as to deny one's constitutional rights.

Judges: S. Powell

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