HB 180 Residency Ban Enjoined

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HB 180 Residency Ban Enjoined

The Common Pleas Court of Cuyahoga County found that requiring contractors (and possibly subcontractors) to use local residents in construction is an exercise of local government, and therefore supersedes state law.

Accordingly, the Court enjoined the operation of HB 180 which was to go into effect today.

The City of Cleveland brought suit against the State of Ohio to defend its city ordinance requiring residency for construction contractors, now banned by passage of House Bill 180.  

Cleveland’s Ordinance section 188.02 requires that 20% of Worker Hours be performed by residents of Cleveland.  The City claims that its Constitutional Home Rule authority supersedes state statute.

In defending the new statute, R.C. 9.49, the Ohio Attorney General pointed out to the Court that Ohio’s Constitution also protects workers’ rights, such as allowing workers the right to live in any city.

HB 180 passed the legislature with uniform support from Construction Trade Associations.

The case now will proceed on the merits, where interested parties are likely to enter appearances.

 

City of Cleveland v. State of Ohio, Cuyahoga C.P. No. CF-16-868008.

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