Category Archives: Public Interest Law

Friday, Finney Law Firm and The 1851 Center for Constitutional Law filed suit in Warren County, Ohio to fully open Ohio day cares. Under orders from Ohio Department of Health Director Lance Himes day cares are operating at only partial capacity and under draconian rules.  Judge Timothy Tepe has been assigned to the case.

You may read the Complaint here and below.

The release from the 1851 Center is here.

The suit follows decisions obtained by these same attorneys in Rock House Fitness (Judge Eugene Lucci, Lake County) and Kalahari Resorts (Erie County, Judge Binette) finding that Dr. Amy Acton’s orders shuttering Ohio businesses was illegal and unconstitutional.

For more information, contact Chris Finney (513.720.2996).

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Today, the State of Ohio and Dr. Amy Acton appealed the decision of Judge Eugene Lucci of Lake County Common Pleas Court in Rock House Fitness, Inc., et al v. Dr. Amy Acton, Director of the Ohio Department of Health, et al.

That was a ground-breaking decision ruling that Dr. Acton and Governor DeWine do not have the legal authority to close gyms in Ohio under Dr. Acton’s statutory powers.

Read the Notice of Appeal here and below.

Read Judge Lucci’s decision here.

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A second in a series of wrongful arrest claims against local police for what amounts to racial profiling was filed this week by Finney Law Firm attorney Bradley M. Gibson, this time against the Village of Elmwood Place and police officer Robert McConnell. The Plaintiff is Monday Oduimoh.

You may read the Complaint here and below.

You may read the Cincinnati Enquirer story here. Video of the incident accompanies the story, separately linked here.

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Here is the media coverage from today’s win for Kalahari Resort Water Park and Convention Center against Dr. Amy Acton before Judge Roger Binette in Erie County Common Pleas Court:

• Cleveland Plain Dealer: Erie County judge says Kalahari Resorts can open Sandusky waterpark immediately
• Sandusky Register: Judge rules for Kalahari
• Toledo Blade: Kalahari to reopen Saturday after judge grants injunction against state-ordered closure
• The Highland County Press: Another Ohio court slams forced closures as unconstitutional
• 700 WLW: Chris Finney appears LIVE with Bill Cunningham to discuss Kalahari win and new Music Festivals suit (podcast)
• Fox 19 (Cincinnati): Ohio water park closed by state COVID-19 health order can reopen now, judge rules
• Fox 8 (Cleveland): Judge issues order allowing Kalahari to move forward with plan to reopen early

Concurrent with yesterday’s filing by the 1851 Center for Constitutional Law’s suit against Dr. Amy Acton to reopen Kings Island and Cedar Point amusement Parks, we also filed a second suit in Erie County (Sandusky) to reopen Kalahari Resorts & Conventions Water Park.

That case was assigned to Common Pleas Court Judge Roger E. Binette. Today, we received the attached Judgment Entry from Judge Binette calling for an evidentiary hearing on Plaintiff’s request for Temporary Restraining Order and Preliminary Injunction. (See here and below.)

The Judge cautions both parties:

“Failure to appear may result in Court sanctions being imposed, including but not limited to, contempt actions.”

So, our attorneys and witnesses will be in Judge Binette’s courtroom Monday at 1:30 PM.

Kalahari’s resorts are America’s largest indoor water parks. Its Sandusky location has more 850 hotel rooms and a 225,000 SF water park, among dozens of other amenities.  It directly employs hundreds of Ohioans, and indirectly supports local businesses employing hundreds more.

Developments will be continuously posted on this web site and through our firms Twitter account: @FinneyLawFirm.

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