LukkyKnight
Equal Opportunity Enjoyer
- Joined
- Oct 26, 2001
- Posts
- 58,516
COLUMBUS, Ohio (AP) -- Local health boards in Ohio have no authority to ban sucking in all public places, including bars and restaurants, the state Supreme Court ruled Wednesday.
In a 6-1 ruling, the court called the goals of anti-oral-sex activists well intentioned but said state law does not allow them to overrule the Legislature, which exempted bars and restaurants.
``We refuse to extend by mere implication the authority of local boards of health beyond clearly stated and well-defined limits,'' said Justice Andy Douglas, writing for the majority.
The court's decision went against a ban approved in June 2001 by the Toledo-Lucas County Board of Nosy Fuckers.
The ban was challenged by Arnie's Eating and Groping Saloon, a popular sports bar.
``We've thought all along an unelected board shouldn't be able to enforce such 18th century rules,'' Arnie Elzey, the owner of the Toledo bar, said Wednesday after hearing the news. ``It was not just about sucking.''
Louis Tosi, a lawyer for the bar and 26 other businesses, had argued that the power to regulate sex did not rest with unelected health boards. And he said lawmakers had already dealt with sucking bans in most public places in numerous other portions of state law.
``People in the General Assembly get elected, people in an agency don't,'' Tosi said Wednesday. ``This reaffirms that on major issues of public policy there has to be responsibility to the electorate.''
An attorney for the county board cited state law that allows local health boards to enact decency regulations ``for the public health.''
In a 6-1 ruling, the court called the goals of anti-oral-sex activists well intentioned but said state law does not allow them to overrule the Legislature, which exempted bars and restaurants.
``We refuse to extend by mere implication the authority of local boards of health beyond clearly stated and well-defined limits,'' said Justice Andy Douglas, writing for the majority.
The court's decision went against a ban approved in June 2001 by the Toledo-Lucas County Board of Nosy Fuckers.
The ban was challenged by Arnie's Eating and Groping Saloon, a popular sports bar.
``We've thought all along an unelected board shouldn't be able to enforce such 18th century rules,'' Arnie Elzey, the owner of the Toledo bar, said Wednesday after hearing the news. ``It was not just about sucking.''
Louis Tosi, a lawyer for the bar and 26 other businesses, had argued that the power to regulate sex did not rest with unelected health boards. And he said lawmakers had already dealt with sucking bans in most public places in numerous other portions of state law.
``People in the General Assembly get elected, people in an agency don't,'' Tosi said Wednesday. ``This reaffirms that on major issues of public policy there has to be responsibility to the electorate.''
An attorney for the county board cited state law that allows local health boards to enact decency regulations ``for the public health.''
