Cattlemans Restaurant Case: Ohio Counties Rejecting Governor's "Orders"

In Ohio, the Governor recently "mandated" that everyone wear a face mask in public places. It seems, though, the governor doesn't really have that authority. Several county Sheriffs have stated that. In Ashland County, Cattlemans Restaurand sought relief in the courts when their health department forced it to close. (link)

Savannah, Ohio's Cattlemans Restaurant had its business license temporarily suspended on July 15 after an Ashland County Health Department agent saw a cook and dishwasher not wearing a face mask in the restaurant kitchen.

The lawyers representing the restaurant don't believe the health department has that authority.

“The Ohio Constitution prevents administrative agencies from imagining new policies for suspending licenses and shutting down businesses,” said 1851 Center Executive Director Maurice Thompson at the time. “The State’s mask requirements remain largely symbolic and unenforceable.”

The Ashland County prosecutor refused to represent the health department in the case. He said:

Ashland County Prosecuting Attorney Christopher Tunnell has said his office would no longer be representing the Board of Health.

“The Prosecuting Attorney has thoroughly reviewed the matter and is of the opinion that the suspension was contrary to law and that there are no defenses which would not be frivolous,” he said.