Stowers v. Ohio Department of Agriculture
The 1851 Center for Constitutional Law has brought legal action against the Ohio Department of Agriculture (ODA) and the Lorain County Health Department for violating the constitutional rights of John and Jacqueline Stowers of LaGrange, Ohio. The Stowers operate an organic food cooperative called Manna Storehouse. On December 1, 2008, ODA and Lorain County Health Department agents forcefully raided the Stowers’ home and unlawfully seized the family’s personal food supply, cell phones and personal computers. The 1851 Center seeks to halt future similar raids. The complaint was filed in Lorain County Court of Common Pleas.
More information about this case is available here.

COAST vs. Cincinnati
On May 21st, 2009, the 1851 Center filed a detailed complaint against the City of Cincinnati for harassing petitioners who opposed the creation of an expensive taxpayer-subsidized trolley system. Both the motion for a temporary restraining order and the verified complaint are available online.

Miller v. Acorn
In October 2008, the 1851 Center filed a state RICO action against the Association of Community Organizations for Reform Now (ACORN) on behalf of Jennifer Miller and Kimberly Grant of Warren County. The filing alleges ACORN engaged in a pattern of corrupt activity that amounts to organized crime. Plaintiffs Jennifer Miller of Mason, Ohio and Kimberly Grant of Loveland, allege that ACORN’s actions deprive them of the right to participate in an honest and effective elections process. The suit seeks ACORN’s dissolution as a legal entity, the revocation of any licenses in Ohio, and an injunction against fraudulent voter registration and other illegal activities. The complaint was filed in Warren County Court of Common Pleas.
More information about this case is available here. Buckeye Institute Challenges Magistrate Recommendations in Voting Rights Case Against ACORN

Ohio Grocers’ Association vs. Ohio Tax Commissioner
On May 26 the Buckeye Institute’s 1851 Center for Constitutional Law filed an amicus brief before the Ohio Supreme Court on behalf of the Ohio Grocer’s Association. The Brief argues that because the Ohio Constitution prohibits a sales tax on food, because Ohio’s Commercial Activities Tax taxes grocers based upon the amount of food they sell, and because Ohio grocers, like any business, pass the tax on to Ohio consumers, the CAT, as applied to food, is an unconstitutional sales tax on food.

York Masons
The 1851 Center is co-counsel on a case pending before the Ohio Supreme Court where the City of Cincinnati demolished a private home that was the meeting place for the York Masons, an African-American charitable organization. The suit alleges the city of Cincinnati did not inform the York Masons it would be destroying the home, even though it was in contact with the York Masons on other matters. The case seeks a declaration that this practice was unconstitutional and compensation for the destroyed property. Further, the suit seeks an order declaring the York Masons are not responsible for over $40,000 in demolition costs the city is seeking to collect.

Toledo Charter Schools
The 1851 Center issued a lengthy legal notice to Toledo City Council, as well as the City of Toledo Planning Commission and Legal Department advising that Council’s proposed onerous “minimum facility requirements” on small, specialized charter schools violates the Ohio Constitution. The 1851 Center will file suit against the city of Toledo if Council implements these unnecessary and burdensome regulations.

The Drees Company v. Hamilton Township, Ohio
On January 23, 2009, the 1851 Center filed an amicus brief with the Warren County Court of Common Pleas, arguing that Ohio townships, which do not have the power to levy taxes, cannot levy back-door taxes on new homeowners and developers merely by labeling those taxes as “impact fees.”

Legislative Testimony
Unsettled by the 1851 Center’s explanation that HB 3’s mortgage modification features are unconstitutional, at the next hearing, the Ohio General Assembly called in its own expert: left of center Capital University Law Professor James Ferriell. To the chagrin of the HB 3’s sponsors, Mr. Ferriell backed up the 1851 Center’s conclusions: allowing judges to rewrited mortgage contracts violates the Ohio Constitution. Read his testimony.Ohio House Bill 3 (Home Foreclosures) – Interested Party Testimony (3/11/09)