2020 Ohio 2665
Ohio Ct. App.2020Background
- State charged CSX with five misdemeanors under Ohio Rev. Code § 5589.21 for blocking public crossings more than five minutes while servicing the Honda plant and otherwise impeding traffic.
- § 5589.21 prohibits obstructing a public street/road for over five minutes, except for continuously moving through trains or circumstances wholly beyond the railroad's control; fines may apply.
- CSX moved to dismiss, arguing § 5589.21 is preempted by the ICCTA (49 U.S.C. § 10101 et seq.) and the FRSA, and submitted general affidavits about routine blocking during operations.
- The Marysville Municipal Court granted dismissal, holding the ICCTA expressly preempts Ohio’s blocked-crossing statute; the State appealed.
- The appellate majority reversed and remanded, concluding the trial court erred to decide preemption as a matter of law on the sparse record and emphasizing the presumption against federal preemption of state police-power safety laws.
- The opinion distinguished prior decisions finding categorical preemption, called for development of the factual record, and noted the issue’s constitutional and public-safety importance; one judge dissented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ohio Rev. Code § 5589.21 is preempted by federal law (ICCTA/FRSA) | § 5589.21 is a traditional state police-power safety regulation aimed at health/public-safety and does not manage or govern rail transportation; therefore it is not preempted | ICCTA/FRSA occupy the field or expressly preempt state regulation of rail transportation and rail operations at crossings, displacing state remedies | Reversed trial-court dismissal; appellate court held preemption should not be decided on the limited record and emphasized presumption against preemption—remanded for further proceedings |
Key Cases Cited
- Bond v. United States, 572 U.S. 844 (presumption against federal preemption)
- Arizona v. United States, 567 U.S. 387 (federalism and limits on federal displacement of state law)
- Medtronic, Inc. v. Lohr, 518 U.S. 470 (states' police powers not displaced absent clear congressional intent)
- Wyeth v. Levine, 555 U.S. 555 (presumption against preemption of state law enforcing health/safety)
- Norfolk S. Ry. Co. v. Bogle, 115 Ohio St.3d 455 (Ohio) (describing express, field, and conflict preemption frameworks)
- Florida E. Coast Ry. Co. v. West Palm Beach, 266 F.3d 1324 (11th Cir.) (ICCTA preemption limited to state laws that manage/govern rail transportation)
- Franks Inv. Co. L.L.C. v. Union Pacific R.R. Co., 593 F.3d 404 (5th Cir.) (similar limitation on ICCTA preemption)
- PCS Phosphate Co. v. Norfolk S. Corp., 559 F.3d 212 (4th Cir.) (ICCTA preemption analysis)
- Adrian & Blissfield R.R. Co. v. Blissfield, 550 F.3d 533 (6th Cir.) (ICCTA preemption principles)