Pack v. City of Cleveland

In arriving at today’s decision, the majority ignores fundamental principles of constitutional law and the standard of review courts are obliged to follow in determining constitutional issues.

The majority refers to the “unusual, if not unique” procedural posture of this case and goes on to observe that it is “inclined to have some question as to the firmness of the ground upon which the city of Cleveland based its failure to enforce * * * [R.C. 2907.35(C)] as written and adopted by the General Assembly.” This concern is indeed justified. Instead of enforcing a duly enacted legislative…