9 Ohio dance studios sue state leaders over closures and restrictions amid coronavius crisis

9 Ohio dance studios sue state leaders over closures and restrictions amid coronavius crisis
ballet studio file photo

CLEVELAND, Ohio (WOIO) - Nine Ohio dance studios filed a class-action lawsuit in the Lake County Common Pleas Court on Monday seeking monetary compensation for their closures and restricted and limited operations amid the pandemic.

Attorneys Gerald W. Phillips and Robert J. Gargasz said the studios “seek just compensation for what they claim is an unconstitutional taking of the private personal property, their right to own operate and conduct their businesses.”

Phillips stated, “the State of Ohio must pay the class action for the unconstitutionally taking of their businesses, both temporary total during the closure, and temporary partial during their restricted and limited operational period of time. Once the restrictions and limitations are declared unconstitutional and the dance studios can operate normally the just compensation will stop.”

The lawsuit claims Dr. Amy Acton’s orders for the state of Ohio violate numerous black letter law provisions, including vagueness doctrine, unconstitutional delegation of legislative authority, separation of powers, due process of law, equal protection of the law, Ohio Constitution, United States Constitution, Civil Rights, and rulemaking procedures.

The lawsuit also claims that Dr. Acton and Gov. Mike DeWine’s “conduct and actions warrant removal from office and possible impeachment proceedings, citing provisions of the Ohio Constitution and the Ohio Revised Code Sections.

The attorneys said this lawsuit is in addition to the one filed in Erie County involving Kings Island and Cedar Fair, one in Coshocton County, one involving a wedding planning establishment in the U.S. District Court for Southern Ohio, two in Lake County involving gyms and fitness centers, and restaurants and bars.

The attorneys said this class-action lawsuit is on behalf of all dance studios in Ohio, but here are the studios included in the lawsuit:

  • Your Next Move LLC on 34900 Lakeshore Blvd. Suite 204 in Eastlake
  • Columbus Dance Sport LLC on 1000 Morrison Rd. Suite B in Gahanna
  • Count Me In LLC on 1608 State Route 113E in Milan
  • Evolve Dance Company LLC on 4444 Heatherdowns Blvd. in Toledo
  • Art Sure Creative Studios on 836 Sycamore Ridge Ct. in Powell
  • Joshua L. Tilford on 700 E. Mitchell Ave. in Cincinnati
  • Miss Darcy’s Academy of Dance and Art LLC 5422 Detroit Rd. in Sheffield Village
  • Rhythm & Grace LLC on 7647 Broadview Rd. Suite 3 Bldg. 1 in Seven Hills
  • Danci Abel Ballroom Studio on 1178 Alliance Rd. NW in Minerva, Ohio 44647

Plaintiffs-Relators

  • Lake County Health Commissioner Ron Graham of Lake County General Health District
  • Former Director of the Ohio Department of Health-Governor Chief Health Advisor Amy Action )
  • Former Director of the Ohio Department of Health-Governor Chief Health Advisor Amy Acton Lance Hines )
  • Interim Director of the Ohio Department of Health Lance Hine
  • Ohio Governor Mike DeWine
  • Ohio Attorney General David Yost
  • Sovereign State of Ohio
  • Franklin County Health Commissioner Joe Mazzola of Franklin County Public Health
  • Eire County Health Commissioner Pete Schade of the Eire County Health Department
  • Lorain County Health Commissioner Dave Covell of Lorain County Public Health
  • Cuyahoga County Health Commissioner Terry Allan of Cuyahoga County Board of Health
  • Carroll County Health Commissioner Wendy Gotschall of Carroll County General Health District
  • Cincinnati Health Commissioner Melba R. Moore of Cincinnati Health Department
  • Toledo-Lucas County Health Commissioner Eric Zgodzinski of Toledo-Lucas County Health Department

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