City of Cleveland v. State
5 N.E.3d 644
Ohio2014Background
- Cleveland challenged R.C. 4921.25 as unconstitutional under the Home Rule Amendment Article XVIII, Section 3.
- R.C. 4921.25 subjects towing entities to PUCO regulation as for-hire motor carriers.
- The second sentence purports to bar any municipal regulation of towing entities, conflicting with home-rule authority.
- The case originated as a declaratory judgment; the Eighth District held the statute not a general law and unconstitutional.
- The Court held the statute is a general law overall, but severed the second sentence as unconstitutional, affirming in part and reversing in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is R.C. 4921.25 a general law displacing local ordinances? | Cleveland argues the statute fails Canton general-law criteria. | State argues the statute is statewide and comprehensive. | Yes; statute is a general law under Canton. |
| Does the second sentence unlawfully limit municipal home-rule authority? | City argues second sentence restricts municipalities contrary to Article XVIII, Sec. 3. | State contends the sentence is valid within the general framework. | Yes; second sentence invalid and unconstitutional as to municipal authority. |
| Is severance an appropriate remedy for the unconstitutional portion? | N/A | N/A | Yes; sever the second sentence and leave the first sentence in effect. |
Key Cases Cited
- Canton v. State, 95 Ohio St.3d 149 (Ohio 2002) (general-law test for home-rule analysis)
- Mendenhall v. Akron, 117 Ohio St.3d 33 (Ohio 2008) (preemption framework for state vs. local laws)
- Geiger v. Geiger, 117 Ohio St. 451 (Ohio 1927) (severance standard for unconstitutional parts)
- Simmons-Harris v. Goff, 86 Ohio St.3d 1 (Ohio 1999) (severance/one-subject style of severance)
- State ex rel. Maurer v. Sheward, 71 Ohio St.3d 513 (Ohio 1994) (severance and separation principles)
- State ex rel. Hinkle v. Franklin Cty. Bd. of Elections, 62 Ohio St.3d 145 (Ohio 1991) (severance/scope of constitutional provisions)
- State ex rel. Ohio AFL-CIO v. Voinovich, 69 Ohio St.3d 225 (Ohio 1994) (severance and statutory interpretation)