On Wednesday, The Buckeye Institute filed its brief with the Ohio Supreme Court in Doe v. Columbus, urging the court to reject attempts by the city of Columbus and the state of Ohio to establish a new rule that would “allow the government to always immediately appeal a preliminary injunction that prevents enforcement of a statute or ordinance.”
“Columbus and the state of Ohio would have the court invent a rule to allow the government, and only the government, to challenge and appeal preliminary injunctions,” said David C. Tryon, director of litigation at The Buckeye Institute. “In their court-invented rule—which conflicts with Ohio law—they want this right denied to citizens, effectively elevating the government above its citizens.”
In its brief, The Buckeye Institute argues that “[a]lthough disguised as a debate over interpreting a procedural rule,” the question before the Ohio Supreme Court “ultimately represents a battle between the government’s interests and the rights of Ohio citizens.”
In April 2023, Judge David M. Gormley issued a preliminary injunction stopping Columbus from enforcing Ordinance 3176-2022 outlawing certain firearms magazines. The city asked Judge Gormley to lift the preliminary injunction. When he declined, the city appealed to Ohio’s Fifth District Court of Appeals, which granted Buckeye’s request to dismiss the city's appeal. Columbus then appealed to the Ohio Supreme Court.
Stay up-to-date on Doe v. Columbus at BuckeyeInstitute.org/DoevColumbus.