Mahoning Edn. Assn. of Dev. Disabilities v. State Emp. Relations Bd.
2012 Ohio 3000
Ohio Ct. App.2012Background
- Union negotiated with Mahoning County Board of Developmental Disabilities; Nov. 5, 2007 union picketed board meeting; SERB found a violation of R.C. 4117.11(B)(8); statute requires ten days’ written notice prior to picketing by public employees/organizations; trial court upheld constitutionality; union appealed alleging First Amendment violation; court held R.C. 4117.11(B)(8) is unconstitutional as a disfavored-speaker, content-based restriction subject to strict scrutiny.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| constitutionality of R.C. 4117.11(B)(8) under strict scrutiny | union argues statute is disfavored-speech content-based restraint | SERB argues time/place/manner, content-neutral regulation | unconstitutional; ten-day notice requirement fails strict scrutiny |
Key Cases Cited
- R.A.V. v. St. Paul, 505 U.S. 377 (U.S. 1992) (content-based restrictions struck down when viewpoint-discriminatory)
- Turner Broad. Sys. v. FCC, 512 U.S. 622 (U.S. 1994) (content-neutral regulation subject to intermediate scrutiny)
- Ward v. Rock Against Racism, 491 U.S. 781 (U.S. 1989) (time/place/manner restrictions must be narrowly tailored)
- Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (U.S. 1983) (strict scrutiny for content-based restrictions)
- Sorrell v. IMS Health, Inc., 131 S. Ct. 2653 (U.S. 2011) (disfavored-speaker reasoning; strict scrutiny applied)
- United Elec., Radio & Mach. Workers v. SERB, 126 Ohio App.3d 345 (8th Dist. 1998) (earlier Ohio appellate analysis distinguishing (B)(7) and (B)(8))