Complaint of Residents of Struthers v. Ordinance No. 87-8482

As a preliminary matter, it would appear that the Struthers ordinance is facially unconstitutional under Section 5, Article XVIII of the Ohio Constitution,1 since *229it was passed as an emergency-measure and was effective “immediately.” As emergency legislation, the ordinance appears to conflict with the thirty-days and referendum provisions of the aforementioned constitutional section. Nevertheless, since this potentially unconstitutional aspect of the ordinance was neither raised nor argued by any party to this action, and since the record does not clearly establish unconstitutionality of the…