Judge Eugene A. Lucci…a judge for the people

(LFC Coments:  We read Judge Eugene A. Lucci’s ruling on the Rock House Fitness, Inc.  (Plaintiff) versus the Ohio Medical Director Dr. Amy Acton (Defendant) case , and found some very important points made by the esteemed Judge Lucci.)

Here is the entire ruling:  Gym lawsuit ruling

Here are some salient excerpts from the ruling:

{¶30} The rights of the plaintiffs are fundamental.  “The right of private property is an original and fundamental right, existing anterior to the formation of the government itself…”Bank of Toledo v City of Toledo, 1 Ohio St. 622, 632 (1853).  Ohio has always considered the right of property to be a fundamental right.  There can be no doubt that the bundle of venerable rights associated with property is strongly protected in the Ohio Constitution and must be trod upon lightly, no matter how great the weight of other forces.”  Norwood v horney, 110 Ohio St. 3d 353, 2006-Ohio-3799, 853 N.E. 2d 1114, ¶36-38.    (LFC Comment:  “anterior”  means coming before…therefore the right of private property came before the formation of the government.)

{¶31}  Fundamental liberties to own and use property and earn a living are at stake and are violated by the defendants’ actions.

{¶32} The defendant has criminalized lawful businesses, imposing strict liability for violations, including severe criminal, civil and equitable penalties.  Some of the plaintiffs’ businesses will not survive the lockdown of two or more months.

{¶33} For these reasons, the court finds that the plaintiffs have established that they will suffer irreparable harm if an injunction is not granted.

{¶37}  The general public would be harmed if an injunction was not granted.  There would be a diminishment of public morale, and a feeling that one unelected individual could exercise such unfettered power to force everyone to obey impermissibly oppressive, vague, arbitrary, and unreasonable rules that the director devised and revised, and modified and reversed, whenever and as she pleases without legislative guidance.

The public would be left with feelings that their government is not accountable to them.

Judge lucci

Bravo to Judge Eugene A. Lucci for this ruling favoring the people of Ohio

 

.thumbs up

 

 



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8 replies

  1. That is a brilliant ruling! Definitely a judge for the people!!!

    Like

  2. Wait…isn’t he a part of the LC Cabal?

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    • When an elected official performs well, we must congratulate them for a job well done.

      Like

    • I think that Judge Lucci is the only judge in Ohio that has made a ruling such as this. It’s pretty courageous if you ask me. Hopefully the 11th Circuit will uphold his ruling.

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      • It’s not courageous at all. Six days before they could open? That’s a political feather. Write it on a piece of paper and put it in a drawer…Lucci will pull this feather out of his cap come campaign time 2025. Paper tiger.

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      • We do not agree, but glad we can give your a forum to express your opinion. 2025 is an eternity away, based on what is happening in today’s world. When a judge is first to act, knowing that he or she can be reversed by an higher court, takes courage in our opinion.

        Like

  3. Triple BRAVO.

    Robert ZamesReal Estate Broker/Appraiser/ConsultantFlorida Tax Lien Certificate Investing bzames@aol.com 440-478-2308

    Like

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