LFC Comments: We are pleased to inform our readers about Ohio State Representative (District 76) Diane V. Grendell’s proposed legislation. We congratulate Rep. Grendell for taking the initiative to protect the Constitutional rights of all Ohio citizens. We need many more Representatives like Ms. Grendell. Please take the time to call the Speaker of the House, Bob Cupp, and express support for this legislation that will help everyone in Ohio.
Representative Grendall provided this response to our question: What is the purpose of the proposed legislation?:
“The purpose of this legislation is to highlight, and codify, this enumerated right that all citizens have. The intention is to provide a direct statutory access for Ohioans to prevent such violations of individual constitutional rights. The Constitutional Accountability Act further clarifies that this applies to an executive elected official, as well as a chief administrative officer (heads of state agencies, as they must act within constitutional/statutory parameters).
Under this proposed bill, Ohioans are able to petition to all courts sans municipal courts for a writ of mandamus or prohibition as appropriate to cause the Constitution violating actions to cease.”
Diane V. Grendell
Ohio House of Representatives 76th District
Serving Geauga and parts of Portage County
Thank you for your interest and willingness to help with my Constitutional Accountability Act legislation. This legislation will be one of the first bills that I will reintroduce in January of the next General Assembly.
In reference to your questions, there is no pandemic exception to the Constitution. It is imperative that citizens be afforded this direct right to cease actions that inhibit their constitutional freedoms. We need to protect the people within the confines of our Constitution. Currently, we have not been effective in protecting the most vulnerable people, while the Constitution has been openly violated. We take an oath to uphold our Constitution.
Please call the Speaker of the House, Bob Cupp, at 614-466-9624 to urge this bill receive swift committee hearings and favorable consideration from the Ohio House.
Thank you for diligence in ensuring our constitutional freedoms remain untouched. We all need to work vigorously on this issue.
There are some legal terms in the legislation that may need some explanation:
A “Mandamus Action” is a lawsuit used to compel someone, such as an officer or employee of the United States government, to act on an administrative matter that is not discretionary; where they have a legal duty to do so and have not.
Upon notice given to the defendant and the defendant’s
reply, the court shall hold a hearing on the applicant’s
petition for a writ of prohibition.
This legislation is reinforcing our right under the first amendment of the U.S. Constitution enabling us to petition our government for redress of grievances.
The right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one’s government, without fear of punishment or reprisals. The right can be traced back to the Bill of Rights 1689, the Petition of Right (1628), and Magna Carta (1215).