FILED VIA 

MAUREEN G. KELLY, CLERK OF COURTS

IN THE COURT OF COMMON PLEAS
LAKE COUNTY, OHIO

MFRS LLC d/b/a DIAMONDBACK BAR
AND GRILL I

34471 Vine Street

Eastlake, Ohio 44795 QB
DECLARATORY JUDGMENT
And AISD INJUISC I. IVE BELIEE
SJ KLUB, LLC d/b/a HARRY BUFFALO
2120 E. 4TH Street

Cleveland, Ohio 44115 20CV000734

JOHN P. 
And

OVER THE COALS, INC. d/b/a
ISLANDER BAR AND GRILL
7581 Pearl Rd.

Middleburg Heights, Ohio 44130

And

BDP ENTERTAINING LLC d/b/a
GRAYTON ROAD TAVERN
4760 Grayton Road

Cleveland, Ohio 44135

And

I LOVE THIS BAR LLC dfb/a PARK
STREET CANTINA

491 Park Street

Columbus, Ohio

And

1909 W25, LLC d/b/a TOWNHALL OHIO
CITY 

18605 Detroit Ave.

Lakewood, Ohio 44107

And













)1









I.




















DDEUCE, LLC d/b/a BAR 30

 

 

 

 

3415 BrookPark Blvd.
Parrna, Ohio 44134

And

FRANK AND INC. d/b/a
FRANK AND 

38107 Second Street

Willoughby, Ohio 44094

Plaintiffs,
v.

AMY ACTON,
In her of?cial capacity as Director of the
Ohio Department of Health

THE HONORABLE MICHAEL
DEWINE,

In his official capacity as the Governor of
the State of Ohio

Defendants.





Now come Plaintiffs, MFRS LLC d/b/a Diamondback Bar and Grill SJ Klub,

LLC d/b/a Harry Buffalo Over the Coals, Inc. d/b/a lslander Bar and Grill (?Islander?),

BDP Entertainment LLC d/b/a Grayton Road Tavern. I Love This Bar LLC d/b/a Park .

Street Cantina (Cantina?), 1909 W25, LLC d/b/a Townhall Ohio City (?Townhall?), Ddeuce, LLC

d/b/a Bar 30 (?Bar and FRANK d/b/a FRANK 

(sometimes referred to collectively as ?Plaintiffs?), by and through their undersigned

counsel Thomas J. Connick and CONNICK LAW, LLC, and Edward W. Cochran, and for their



Complaint for Declaratory Judgment and Injunctive Relief against Defendants. Amy Action, in her

of?cial capacity as Director of the Ohio Department of Health (?Acton?) and Governor Michael

 

 

DeWine, in his of?cial capacity as the Governor of the State of Ohio (?DeWine?), and hereby

alleges as follows::

INTRODUCTION

1. This is an action for declaratory judgment, and preliminary and permanent
injunction brought pursuant to O.R.C. 2712, O.R.C. 2727, Ohio Civ. R. Proc. 65, and arising
out of Defendants? unconstitutional Order(s) mandating that restaurants and bars in the State of
Ohio enforce unconstitutionally vague regulations and laws against their patrons, and which, if not
followed, expose the restaurant and bar owners to unconstitutional strict criminal penalties and/or
reprisal for conduct of others that they have no reasonable control over.

2. As a direct and proximate result of the unconstitutional Order(s) issued. by Acton,
together with the enforcement efforts by local health departments, all Plaintiffs face imminent risk

of losing their businesses, their livelihoods and economic security, of being criminally prosecuted

and suffering irreparable harm to their rights as citizens in the State of Ohio to be treated equally

under the law, to receive due process and to be protected from the arbitrary conduct of an unelected
of?cial in whom virtually all powers of government, legislative and executive power, have been
singularly, unconstitutionally and unlawfully reposed.

3. Due to Defendants? unconstitutional Order(s), mandates and decrees, Plaintiffs will
suffer irreparable harm that must be enjoined to protect Plaintiffs? constitutional right to be secure
in the possession, and use and enjoyment of their properties, liberties, and freedoms.

4. The Plaintiffs seek a preliminary injunction enjoining the Defendants from relying
on the authority of O.R.C. 3701.13 and O.R.C. 3701.352 to impose criminal, civil and/or

equitable penalties on Plaintiffs that arise from Orders that exceed Acton?s authority regarding

 

 

 

Defendants? newly issued rules imposed upon restaurants'and bars including without limitation,
the mandated requirements that Plaintiffs:
a. ?Ensure minimum of six feet between parties waiting and when dining if not
possible, utilize barriers or other protective devices.?
b. Ask customers and guests not to enter if 
0. ?Food service establishments offering dine-in-scrvicc must take [unde?ned]
affirmative steps with customers to'achieve safe social distancing guidelines.?
(1. ?When appropriate, establish ordering areas and waiting areas with clearly
marked safe distancing and separations per individual/social group for both
restaurant and bar service.?
e. ?Private dining and bar seating areas within a foodservice establishment must
follow all approved safe social distancing guidelines.?
f. Moreover, these new rules require customers to remain seated at their tables.2
5. Under these mandatory and unconstitutionally vague rules, restaurant and bar
owners may be criminally punished and have their property, such as their liquor licenses,
'unconstitutionally seized if, for example, patrons waiting in line to be seated decide to move closer
to each other, or remove or navigate around any barrier to a distance of less than 6 feet, thus
subjecting restaurant and bar owners to strict criminal liability for the acts of their patrons. Even
more ridiculous is the requirement that Plaintiffs ask patrons not to enter if they are 
of How can a non-medical doctor be expected to diagnose a patron standing in line

waiting to get in? And, then once in, if the patron is found to be infected with be

 

Plaintiffs are not medical doctors nor quali?ed in any manner to diagnose the patent and/or latent health condition
of their patrons, nor are Plaintiffs legally entitled to inquire of their patrons? medical conditions under HIPPA.
2 9 . 5/ 2 0/1 ist?requirements-gui 

 

 

subject to strict criminal liability for a failure to diagnose. Moreover, what constitutes ?af?rmative
steps? to achieve safe distancing guidelines? Who decides what an af?rmative step is or whether
such unde?ned af?rmative steps are suf?cient the government? The problems in giving clarity
to the vague mandates of the unelected Anton in order to avoid strict criminal liability for the
actions of others, for violations than can only be arbitrarily enforced by the government, is subject
to incalculable hypotheticals governed only by the unfettered discretion of an unelected public
of?cial. That is unconstitutional.
JURISDICTION AND VENUE

6. This Honorable Court has jurisdiction over the parties and this dispute, including
for declaratory relief, pursuant to Ohio Revised Code 2307.382, et seq., Ohio Revised Code 
2721.02, et seq. and Rule 57 of the Ohio Rules of Civil Procedure.

7. An actual controversy between Plaintiffs and Defendants exists within the meaning of Ohio
Revised Code 2721.02, et seq. regarding whether Defendants can impose unconstitutionally vague rules,
regulations and laws upon Plaintiffs which, if not compiied with, will subject Plaintiffs to unconstitutional
strict criminal penalties and/or reprisals for conduct of others that they have no reasonable control over.

8. Venue is proper in Lake County, Ohio under Ohio Rules of Civil Procedure 
and Ohio Revised Code 2721.14 because Defendants conducted activity
giving rise to Plaintiffs? Claims for relief in Lake County, because all or part of Plaintiffs? claims
for relief arose in Lake County.

9. Plaintiffs have standing to bring this action for declaratory and injunctive relief, because
there is a substantial likelihood that Plaintiffs will suffer injury in the future, which. injury is individualized.
and not home by the general population in the State of Ohio. Plaintiffs' rights are in. imminent peril, and

speedy relief in necessary to preserve Plaintiffs? rights.

 

 

THE PARTIES

 

1.0. MP RS is an Ohio Limited Liability Company that engages in the restaurant and bar
business, and is located in Lake County, Ohio. MFRS received a verbal warning from
governmental authorities that if it did not comply with Acton?s Order(s) as outlined herein, its
owners would be subjected to strict criminal. liability. The threat and risk of harm to MFRS is real
and imminent, because the challenged exercise of governmental power, i.e. Acton?s Orders are
regulatory, prescriptive, and compulsory in nature, and. MFRS is either presently or prospectively
subject to the regulations, prescriptions, or compulsions that it is challenging.

1 l. is an Ohio Limited Liability Company that engages in the restaurant and bar
business, and is located in Cuyahoga County, Ohio. I SJ received a written Notice of Violation 
from governmental authorities advising it was in non-compliance with Acton?s Orders as outlined
herein, subjecting its owners to strict criminal liability.3 The threat and risk of harm. to .18] is real
and imminent, because the challenged exercise of governmental power, i.e. Acton?s Orders are
regulatory, prescriptive, and compulsory in nature, and the SJ is either presently or prospectively
subject to the regulations, proscriptions, or compulsions that it is challenging.

l2. ?lslander is an Ohio corporation that engages in the restaurant and bar business
located in Cuyahoga County, Ohio, and is currently operating under threat of strict. criminal
liability, which threat and risk of harm to Islander is real and imminent, because the challenged
exercise of governmental power, i.e. Acton?s Orders are regulatory, proscriptive, and compulsory
in nature, and the Islander is either presently or prOSpectively subject to the regulations,

prescriptions, or compulsions that it is challenging.

 

3 May 16, 2020 Notice of Violation attached hereto as Exhibit/4.

l3. BDP is an Ohio Limited Liability Company that engages in the restaurant and bar
business located in Cuyahoga County, Ohio, and. is currently operating under threat of strict
criminal liability, which threat and risk of. harm to BDP is real and imminent, because the
challenged exercise of governmental power, i.e. Acton?s Orders are regulatory, proscriptive, and
compulsory in nature, and the BDP is either presently or prospectively subject to the regulations,
prescriptions, or compulsions that it is challenging.

l4. Cantina is an Ohio Limited Liability Company that engages in the restaurant and
bar business located in Franklin County, Ohio, and is currently operating under threat of strict
criminal liability, which threat and risk of harm to Cantina is real and imminent, because the
challenged exercise of governmental power, i.e. Acton?s Orders are regulatory, prescriptive, and
compulsory in nature, and Cantina is either presently or prospectively subject to the regulations,
proscrip?tions, or compulsions that it is challenging. Cantina received a written Notice of Violation
from governmental authorities advising it was in non-compliance with Actcn?s Orders as outlined
herein, subjecting its owners to strict criminal liability4

15. Townhall is Ohio Limited Liability Company that engages in the restaurant and bar
business located in Cuyahoga County, Ohio, and is currently operating under threat of strict
criminal liability, which threat and risk of harm. to Townhall is real and imminent, because the
challenged exercise of governmental power, i.e. .Acton?s Orders are regulatory, prescriptive, and
compulsory in nature, and Townhall is either presently or prospectively subject to the regulations,
prescriptions, or compulsions that it is challenging. Townhall received a written Notice of
Violation from governmental authorities advising it was in non-compliance with Acton?s Orders

as outlined herein, subjecting its owners to strict criminal liability.5

 

4 May 16, 2020 Notice of Violation. attached hereto as Exhibit B.
5 May 16, 2020 Notice of Violation attached hereto as Exhibit C.

16. Bar 30 is an Ohio Limited Liability Company that engages in the restaurant and bar
business located in Cuyahoga County, Ohio, and is currently operating under threat of strict
criminal liability, which threat and risk of harm to Bar 30 is real and imminent, because the
challenged exercise of governmental power, i.e. Acton?s Orders are regulatory, proscriptive, and?
compulsory in nature, and the Bar 30 is either presently or prospectively subject to the regulations,
proscriptions, or compulsions that it is challenging.

17. FRANK TONYS is an Ohio corporation that engages in the restaurant and bar
business, and is located in Lake County, Ohio. FRANK. AND TONYS received an email warning
from governmental authorities, i.e. the Lake County General Health District warning6 that it was
allegedly in non?compliance with Acton?s Order as outlined herein, and which would subject its
owners to strict criminal. liability. The threat and risk of harm to FRANK TONYS is real and.
imminent, because the challenged exercise of governmental power, i.e. Acton?s Orders are
regulatory, prescriptive, and compulsory in. nature, and the FRANK TONYS is either presently
or prospectively subject to the regulations, prescriptions, or compulsions that it is challenging.

18. Defendant Acton is sued in her official capacity as the Director of the Ohio
Department of Health In her of?cial capacity, Acton is the Chief Health Administrator
of the State of Ohio. Acton?s duties are statutorily de?ned in O.R..C. 3701.04. Acton maintains
an of?ce in Columbus, Ohio. Acton is a person within the meaning of 42 U.S.C. 1983 and was
always acting under the color of state law relevant to this Complaint.

19. Defendant DeWine is sued in his of?cial capacity as the Governor of the State of
Ohio. In his of?cial capacity, the Governor is the executive of?cer of the State of Ohio. It is his

responsibility to ensure that the laws of the State are properly and constitutionally enforced. This

 

6 Attached hereto as Exhibit 

 

includes the ability to direct state employees regarding enforcement of the law. The Governor
maintains an of?ce in Columbus, Ohio. Del/Vine is a person within the meaning of 42 U.S.C. 
1983 and was always acting under color of state law relevant to this Complaint.

FACTUAL BACKGROUND

20. This case, in part, is about the assertion of power by one unelected of?cial, Acton, 
and her Order(s) to all. restaurant and bar owners within the State of 

21. On January 23, 2020, the Ohio Department of Health issued a Director?s Journal
Entry making 9 a Class A reportable disease in the State of Ohio.

22. On March 14, 2020 DeWine issued Executive Order 2020-01D, declaring a State
of Emergency in the State of Ohio, wherein he, directed other things: (1) the Ohio Department of
Health to issue guidelines for private businesses regarding appropriate work and travel restrictions,
if necessary; (2) state agencies, including the Ohio Department of Health, to implement
procedures, including suspending or adopting temporary rules within an agency?s authority,
consistent with recommendations from the Department of Health designed to prevent or alleviate
the public health threat. DeWine made this Declaration in accordance with Ohio Revised Code 

5502.22, which provides, as follows:

5502.22 Emergency management agency.

(A) There is hereby established within the department of public safety an emergency management
agency, which shall be governed under rules adopted by the director of public safety under
section 5502.25 of the Revised Code. The director, with the concurrence of the governor, shall
appoint an executive director, who shall be head of the emergency management agency. The
executive director may appoint a chief executive assistant, executive assistants, and administrative
and technical personnel within that agency as may be necessary to plan, organize, and maintain
emergency management adequate to the needs of the state. The executive director shall
coordinate all activities of all agencies for emergency management within the state, shall maintain
liaison with similar agencies of other states and of the federal government, shall cooperate with
these agencies subject to the approval of the governor, and shall develop a statewide emergency
operations plan that shall meet any applicable federal requirements for such plans. The executive
director shall have such additional authority, duties, and responsibilities as are prescribed by the
governor and the director or provided by law in all matters relating to emergency management

 

 

 

 

that may be reflected in other sections of the Revised Code. The executive director shall advise
the governor and director on matters pertaining to emergency management on a regular basis.

Whenever the disaster services agency or director is referred to or designated in any statute, rule,
contract, or other document, the reference or designation shall be deemed to refer to the
emergency management agency or executive director, as the case may be. .

(B) For the purposes of emergency management, the executive director, with the approval of the
director, may participate in federal programs, accept grants from, and enter into cooperative
agreements or contractual arrangements with any federal, state, or local department, agency, or
subdivision thereof, or any other person or body politic. Whenever the duties of the emergency
management agency overlap with rights or duties of other federal, state, or iocal departments,
agencies, subdivisions, or officials, or private agencies, the executive director shall cooperate with,
and not infringe upon the rights and duties of, the other public or private entities.

Funds made available by the United States for the use of the emergency management agency shall
be expended by that agency only for the purposes for which the funds were appropriated. In
accepting federal funds, the emergency management agency shall abide by the terms and .
conditions of the grant, cooperative agreement, or contractual arrangement and shall expend the
funds in accordance with the laws and regulations of the United States.

23. As stated, Ohio Revised Code 5502.22, the Emergency Management Agency
shall be governed under the rules adopted by the director of public safety under Ohio

Revised Code 5502.25, which provides:

5502.25 Rules for emergency management of
state.

The director of public safety, in accordance with Chapter 119. of the Revised Code, shall adopt,
may amend, or rescind, and shall enforce rules with respect to the emergency management of the
state for the purpose of providing protection for its people against any hazard. The rules shall be
made available for public inspection at the emergency operations center/joint dispatch facility and
at such other places and during such reasonable hours as fixed by the executive director of
emergency management.

24. The Order(s) issued by'Acton under O.R.C. 3701.13, which derived from the

EMA, required, but lacked, the enabling legislation and administrative rulemaking mandated by



O.R.C. 119.

 

 

 

 

 

25. On March 14, 20207, Acton issued a Director?s Order limiting and/or prohibiting
mass gatherings in the State of Ohio, pursuant to pursuant to O.R.C. 3701.13.8 Under this Order-9',
Acton prohibited mass gatherings in the State of Ohio, and de?ned ?mass gatherings? as any event
or convening that brings together one hundred (100) or more persons in a single room or single
space at the same time. Acton also dictated that this Order remain in full force and effect until the
State of Emergency declared by DeWine no longer exists, ?or the Director of the Ohio Department
of Health rescinds or modi?es this Order.?

26. In her March 14, 2020 Order, Acton also Ordered, in part, as follows:
?Accordingly, to avoid an imminent threat with a high probability of widespread
exposure to CO VID-19 with a signi?cant risk of substantial harm to a large number
of people in the general population, including the elderly andpeople with weakened
immune systems and chronic medical conditions, I hereby ORDER that mass
gatherings are prohibited in the State of Ohio.?

27. On March 15, 2020 Acton issued a Director?s Order limiting the sale of food and

beverages, liquor, beer, and wine to carry?Out and delivery only and prohibiting onsite

consumption. ?0

28. On. May 14, 2020 Acton issued the Director ?5 Dine Safe Ohio Order 

 

7 Amended on March 17, 2020. 
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29. On May 20, 2020 Acton issued her ?Responsible Restart Ohio? Order for
Restaurant and Bars. 12

30. Acton?s Orders described herein were undertaken without standards provided by
the General Assembly, were issued in an arbitrary manner, and have resolved in arbitrary and
unequal treatment of restaurant and bar owners, such as Plaintiffs.

31. As of this writing, the State of Ohio has con?rmed 37,282 cases under
the Center for Disease Control?s expanded case de?nition, for a total death count of 2,339.13 As of

July 1, 2019 the population estimate for the State of Ohio was Using these values,

the State of Ohio?s infection rate is approximately 0.0032%, with a death rate of

0.00020%.
32. In other words, 99.99% of Ohio?s population. is not infected by COVID-19, and
Ohio?s mortality rate from COVID-19 is generously estimated as deminimis.
33. O.R.C. 3701.13 provides, as follows:
The department of health shall have supervision of all matters relating to the
preservation of the life and health of the people and have ultimate authority in
matters of quarantihe and isolation, which it may declare and enforce, when
neither exists, and modify, relax, or abolish, when either has been. established.
34. ??Isolation? means the separation of an infected individual from others during the
period of disease communicability in such a way that prevents, as far as possible, the direct or

indirect conveyance of an infectious agent to those who are suspectable to infection or who may

spread the agent to others.? Ohio Admin. Code 3 

 

attachments/14461 
005 .07.20.Ddf

?3 9/home

?4 

 

 

35. ??Quarantine? means the restriction of the movements or activities of a well
individual or animal who has been exposed to a communicable disease during the period of
communicability of that disease and in such a manner that transmission of the disease may have
occurred. The duration of the quarantine ordered shall be equivalent to the usual incubation period
of the disease to which. the susceptible person or animal was exposed.? Ohio Adm. Code 3701-3?
0] (W). i

36. ?Period of communicability? means the interval during which an infected
individual or animal is shedding the speci?c microorganism of a communicable disease in such a
- manner that those are susceptible could acquire the infection. Ohio Adm. Code 3 

37. The department of health informed the public and stated on its of?cial website the
incubation period for COVID-19:

he incubation period can be up i0 14 days so people who are incubdting the illness
also aren showing ?5

38. While Acton has legislatively been vested with ?ultimate authority? in matters of .
quarantine and isolation, that authority is not unlimited. Acton has quarantined and attempted to
isolate the entire State of Ohio beyond the 14 day incubation period, and upon persons who are
not infected individuals and or ?well individuals who have not been exposed to VID-J 9 during
the period of commum?cability. Nonetheless, Acton now attempts to impose the enforceability of
her unconstitutional directives upon restaurant and bar owners in the State of Ohio, and then
impose strict criminal liability upon them, including potential. forfeiture of liquor licenses, if they

cannot or do not comply. But criminalizing mere disobedience and/or non-compliance via Acton?s

Orders is constitutionally prohibited.

 

'5 gov/vims/nortali?izov/covidw 9/fami1i eswan 1.9?


 

39. Such ultra vires actions by Acton, and any attempt by her or DeWine to require
compliance of those unconstitutional directives by restaurant and bar owners in the State of Ohio,
is impermissibly arbitrary, unreasonable, and oppressive and completely void of any due process
procedural safeguards. I

40. All Plaintiffs herein have either received written Notice of Violations of Acton?s
Orders, threatened with violations and/or are currently operating under threat of strict criminal
liability, which threat and risk of harm is real and imminent, because the challenged exercise of
governmental power, i.e. Acton?s Orders are regulatory, proscriptive, and compulsory in nature,
and Plaintiffs are either presently or prospectively subject to the regulations, prescriptions, or
compulsions that it is challenging.

COUNT ONE
DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF

(VIOLA ION 0F SEPARA ION 0F P0 WERS AND DUE PROCESS BECA USE OF
IMPERMISSIBLE DELI GA I 0N 0F LE GISLA IVE A TH URI VA GUE

DELE GA 1

41. Plaintiffs hereby restate the allegations and. avennents contained in the preceding
paragraphs of this Complaint, as if fully rewritten herein, and further state as follows:

42. Through enactment of Ohio Revised Code ?3701.13, the Ohio General Assembly
delegated to the Ohio Department of Health, inter alia ?ultimate authority in matters of quarantine
and isolation.?

43. In delegating ?ultimate authority in matters of quarantine and isolation,? to the Ohio
Department of Health, the Ohio General Assembly has delegated legislative authority without

intelligible standards.

 

 

 

 

44. The vagueness concerns raised by the delegation of ?ultimate authority? to Acton
is aggravated by the unilateral creation of strict liability crimes by the various Orders issued by
Acton.

45. The due process and separation of powers concerns raised by the delegation of
?ultimate authority? to the Ohio Department of Health is aggravated by the unilateral creation of
strict liability crimes by the various Orders issued by Acton.

46. ?Without suf?cient limitations, the delegation of authority can be deemed void for
vagueness as allowing ad hoc decision or giving unfettered discretion.? Biener v. Calz'o, 361 F.3d
206, 215-17 (3d Cir. 2004).

47. Absent applicable standards, the delegation of authority must be deemed void for
vagueness as allowing at hoe decisions or giving unfettered discretion to an unelected bureaucrat.

48. A delegation of core legislative authority offends due process especially when made
to an unelected individual and is unaccompanied by discernable standards, such as the delegates?
action cannot be measured against objective criteria, or ?measured for its fidelity to the legislative
will.? Ctr. For Powell Crossing, LLC v. City quowell, Ohio, 173 F. Supp.3d 639, 675?679 
Ohio 2016).

49. ?To pass muster under the void-for-vagueness doctrine, Ohio law dictates an
ordinance must survive the tripartite analysis set for the in Groyned. The three aspects examined
under Grayned are: (I) the ordinance must provide fair warning to the ordinary citizen of what
conduct is proscribed; (2) the ordinance must preclude arbitrary, capricious, and discriminatory
enforcement; and (3) the ordinance must not impinge constitutionally protected rights.? Viviana v.

City ofSandusky, 2013-Ohio-2813 991 1263 (am Dist. 2013).

 

 

 

 

50. In Norwood v. Horney, 2006-Ohio-3 799, at 83, the Ohio Supreme Court
explained that arbitrary and discriminatory enforcement is to be prevented, laws must provide
explicit standards for those who apply them. A vague law impermissibly delegates basic policy
matters to police [of?cers], judges, and juries for resolution on an ad hoc and subjective basis,
with the attendant dangers of arbitrary and discriminatory application.? Though the degree of 
review for vagueness is not described with speci?city, if enacted ?threatens to inhibit the exercise
of constitutionally protected rights,? (such as property rights in Ohio), at more stringent vagueness
test is to be applied.? Yoder v. City of Bowling Green, Ohio, No. 3:17 CV 2321, 2019 WL 415254,
at 4-5 (ND. Ohio Feb. 2019), citing Norwood, 110 Ohio St.3d at 379).

51. Because there is no means of exerting judicial review over any Order issued by
Acton purportedly under the authority of O.R.C. 3701.13, that delegation is impermissibly vague.
Moreover, criminalizing mere disobedience and/or non-compliance related to any of Acton?s
Orders is unconstitutional and impermissible.

52. Ohio has always considered the right of property to be a fundamental right. There
can be no doubt that the bundle of vested rights associated with property is strongly protected in
the Ohio Constitution and must be tried upon no matter how great the emergency since the
free use preperty is guaranteed by Section 19, Article 1 of the Ohio Constitution.

53. The void delegation of legislative authority to an unelected member of the
executive branch, both on its own. and in combination with the various orders issued by Acton, has
violated, continues to violate, and will further violate Plaintiffs? due process right.

54. Acton has conceded and repeatedly stated that her generally applicable orders are

legislative acts.

 

 

 

55. Acton claims that the Ohio Department of Health may usurp the function of the
Ohio General Assembly by creating strict liability criminal penalties, i.e. disobedience with any
Order issued by Acton, including without limitation, the reopening Orders related to Ohio
restaurants and bars. However, if the Ohio General Assembly has delegated to the Director of
Health the unfettered power to create her own crimes, then that delegation is impermissibly vague
and violates the Ohio Constitution?s separation of powers.

56. Moreover, to the extent the State of Ohio, through Acton?s and/or DeWine?s Orders 

attempt to impose strict criminal penalties, those Orders are void pursuant to the Ohio General

Assembly?s 2015 criminal justice reforms, because the Orders fail to specify the degree of mental

culpability required for commission of the offense.

57. One of two conclusions is necessarily true: either the General Assembly?s
delegation of authority to the Ohio Department of Health in Ohio Revised Code ?3701.13 is too
broad or vague; or (ii) the Ohio Department of Health?s exercise of the delegated authority is too
board. Under either conclusion, the requirement by Acton that bar and restaurant owners comply
with her vague, unde?ned, and nebulous rules mandated for reopening or otherwise be subject to
criminal penalties including, without limitation, seizure of liquor licenses, is unconstitutional
and/or unauthorized.

58. In order to prevent the continued violation of Plaintiffs? constitutional rights by
Defendants, it is appropriate and pr0per that a declaratory judgment be issued, declaring
unconstitutional the Responsible Restart Ohio provisions applied to Plaintiffs that require
Plaintiffs to comply with and, in fact, engage in non-existent police power to enforce vague,
unde?ned and unreasonable regulations; and if they fail to do so, subject them to strict criminal.

liability and improper seizure of their property.

 

 

 

59. It is further appropriate and hereby requested that preliminary and permanent
injunctions be issued that prohibit Defendants from enforcing Acton?s Orders against Plaintiffs.
COUNT TWO
DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF
(DR. ORDERS ARE ULTRA VIRES)
60. Plaintiffs hereby restate the allegations and averments contained in the preceding

paragraphs of this Complaint, as if fully rewritten herein, and further state as follows:

Ohio Revised Code 3701.04 defines Acton?s powers and duties, in part, as follows:

(8) The director, in accordance with Chapter 119. of the Revised Code, shall adopt rules jointly
with the executive director of the emergency management agency to do both of the following, as
required by section 5502.281 of the Revised Code:

(1) Advise, assist, consult with, and cooperate with agencies and political subdivisions of this state
to establish and maintain a statewide system for recruiting, registering, training, and deploying
voiunteers reasonably necessary to respond to an emergency declared by the state or a political
subdivision;

Establish fees, procedures, standards, and requirements necessary for recruiting, registering,
training, and deploying the volunteers.

62. Ohio Revised Code 3701.04 authorizes Acton to mobilize, train and deploy
volunteers in the event of an emergency, only. Acton?s legislated authority is well?
de?ned and limited.

63. Nothing in Ohio Revised Code 3701.04 grants Acton with the unchecked and elastic
authority to invoke and institute, i.e. issue any Order(s) mandating the requirements in
the May 14, 2020 Director ?3 Dine Safe Order and/or the Responsible Restart Ohio
Rules.

64. Moreover, Acton?s legislated authority is further con?ned by Ohio Revised Code 
119, which requires that, as the Director of Ohio? Department of Health, she follovv the

required Rule-making Procedures required under Ohio Administrative Procedures Act.

 

 

 

65.

66.

67.

68.

69.

70.

The Orders at issue in this case were allegedly issued pursuant to Defendant Acton?s
authority under O.R.C. 3701.13.

O.R.C. ?3701.l3 provides that: the Department of Health shall have supervision of all
matters relating to the preservation of the life and health of the people and have ultimate
authority in matters of quarantine and isolation which it may declare and enforce when
neither exist, and modify, relax or abolish when either has been established.

?Isolation means the separation of an infected individual from others during the period I
of disease, communicability in such a way that prevents .as far as possible, the direct or
indirect conveyance of an infectious agent to those who are susceptible to infection or
who may spread the agent to others.? Ohio Adm. Code 3 70] (R).

?Quarantine means the restriction of the movements or activities of a well individual
or animal who has been exposed to a communicable disease during the period of
communicability of that disease and in such a manner that transmission. of that disease
may have occurred. The duration of the quarantine ordered shall be the equivalent to
the usual incubation period of the disease to which the susceptible person or animal
was exposed.? Ohio Adm. Code ?3 7013-01011).

The duration of the quarantine ordered shall be the equivalent to the usual incubation
period of the disease to which the susceptible person was exposed. Ohio Adm. Code
The incubation period can be up to fourteen (14) days up to the
according to the Department of Health.

Acton has quarantined the entire pOpulation for the State of Ohio for much more than
fourteen (14) days. Acton has no statutory authority to require businesses, including

the Plaintiffs, to enforce vague and unde?ned regulations related to quarantine and

 

 

 

 

isolation beyond the legislated period of conimunicability, and then subject Plaintiffs
to strict criminal liability and improper seizure of their property if they fail to do so.
71. Acton has acted beyond her authority in an impermissibly arbitrary, unreasonable, and

oppressive manner.


DECLATORY JUDGMENT AND INJUCTIVE RELIEF
(EQUAL PROTECTION)
72. Plaintiffs hereby restate the allegations and averments contained in the preceding
paragraphs of this Complaint, as if fully rewritten herein, and further state as follows:

73. Article 1, Section 2, of the Ohio Constitution provides that ?[a]ll political powers

inherent in the people. Government is instituted for their equal protection and bene?t

3!

 

74.. No classi?cation-may be arbitrary. Rather, the attempted classi?cation must always 
rest upon some difference which bears a reasonable and just relation to the act in respect
to which the classification is proposed and can never be made arbitrarily and without
any such basis.

75. In accordance with the ?Ultimate Authority? powers legislated to the Ohio Department
of Health, Acton has instituted rules, regulations, and penalties as to restaurant and bar

owners for noncompliance with ODH Orders that are unconstitutional as applied to

Plaintiffs.

 

76. Plaintiffs, by Acton's Orders, are being subjected to different treatment than

any other businessowner(s) in the State of Ohio is being subjected to. By way of non-
exhaustive example, Plaintiffs are being compelled not only to comply with, but to

enforce Acton?s Orders as to restaurant/bar patrons, without any de?nable standards or

 

 

 

 

concrete guidelines for doing so. And, in the event the State of Ohio arbitrarily decides
that Plaintiffs failed to properly enforce the Orders on its patrons, which Plaintiffs have
no control over, Plaintiffs will be subject to strict criminal liability, and potential
seizure/forfeiture of their liquor licenses.

77. In selectively singling out Plaintiff?s restaurant and bar owners to comply with and
enforce Acton?s vague Orders, or be subject to strict criminal. liability and illegal
seizure of their liquor licenses, Defendants have failed to afford equal protection under

its Orders, rules and statutes as applied to Plaintiffs.


DECLARATORY AND INJUNCTIVE 
(THE- PLAINTIFFSS CANNOT BE HELD VICARIOUSLY CRIMINALLY LIABLE FOR
THE A CTIONS OMISSIONS OF THEIR PA RONS)
78. Plaintiffs hereby restate the allegations and averments contained in the preceding
paragraphs of this Complaint, as if fully rewritten herein, and further states as follows:
79. Under Acton?s May 14, 2020 Order as well as Responsible Restart Ohio Rules,
Plaintiffs may be vicariously criminally liable for the actions and/or inactions of their
patrons.
80. For example, Defendants? newly issued rules imposed upon restaurants and bars
including without limitation, the mandated requirements that Plaintiffs:
a. ?Ensure minimum of six feet between parties waiting and when dining - if not
possible, utilize barriers or other protective devices.? .

b. Ask customers and guests not to enter if 

 

'6 Plaintiffs are not medical doctors nor quali?ed in any manner to diagnose the patent and/or latent health condition

of their patrons, nor are Plaintiffs legally entitled to inquire of their patrons? medical conditions under HIPPA.

 

 

 

 

 

 

81.

82.

83.

c. ?Food service establishments offering dine-in-service must take [undefined]

af?rmative steps with customers to achieve safe social distancing guidelines.?

d. ?When appropriate, establish ordering areas and waiting areas with. clearly

marked safe distancing and separations per individual/social group for both
restaurant and bar service.?

6. ?Private dining and bar seating areas within a foodservice establishment must 

follow all approved safe social distancing guidelines.?

f. Moreover, these new rules require customers to remain seated at their tables.?7
Defendants, by their Orders, actions and threats, have implemented a policy of
vicarious criminal liability as against Plaintiffs, by charging Plaintiffs (or threatening
to charge Plaintiffs) for the actions and/or inactions of their patrons over which they
have no control or right to control.

Moreover, Acton's Orders place Plaintiffs in the untenable position of having to 
exercise police power that Plaintiffs does not have, in order to force compliance of
Acton's Orders on its Patrons.

For example, under Acton?s Orders, patrons must remain seated at their tables while
eating. Under these Orders, if a patron were to get up out of their seat to use the
bathroom, Plaintiffs must monitor whether the patron delays in returning to his seat,
and, if he delays instruct, perhaps forcibly, the patron to return to the table and remain
seated. These are police powers that Plaintiffs have no authority to exercise and may,

in fact, subject Plaintiffs to civil liability for restraint of a patron?s individual liberties.

 

'7 tine

   

i uirements-

mum 

 

 

DECLARATORY AND INJUNCTIVE RELIEF
(RC. 3701.13 IS UNCONSTITUTIONAL)
84. Plaintiffs hereby restate the allegations and averrnents contained in the preceding
paragraphs of this Complaint, as if fully rewritten herein, and further state as follows:
85. RC. 3701.13 vests unconstitutional power and. unbridled discretion in the unelected
Action, Without the required legislative Rulemaking mandated under Ohio law, and has
allowed Acton to unconstitutionally impOse restrictions and Orders on Plaintiffs that
carry with them unconstitutional strict criminal liability penalties in violation of
Plaintiffs? due process rights. These Orders and restrictions include, without limitation,

Acton?s original emergency. Order, pursuant to RC. 3701.13, closing (except for

 

take-out) all restaurants/bars.

86. Acton?s unconstitutional exercise of power and discretion has caused and will continue
to cause Plaintiffs loss of use of property, loss of liberty, loss of freedom. and loss of
pursuit of happiness as guaranteed under the Constitutions of the State Ohio and Onited
States of America.

87. Plaintiffs are entitled to a declaration that RC 3701.13 is unconstitutional under the

United States and Ohio State Constitutions, both as applied to the Plaintiffs and on its

face.

88. The State of Ohio and all local County and/or City health Departments that have and

are relying upon. R.C. 3701.13 should be permanently enjoined from enforcing any

of Acton?s Orders deriving therefrom,

WHEREFORE, Plaintiffs pray for a declaration and a preliminary injunction against

 

 

 

 

 

Defendant Amy Acton in her of?cial capacity as the Director of the Ohio Department of Health,
Governor Michael DeWine in his of?cial capacity as the Governor of the State of Ohio, together
with their officers, agents, servants, employees and attorneys, and those persons or entities acting
at their direction or behest, or in active concert or participation with them including, without
limitation, all local Departments of Health, and who receive actual notice of this Order, whether
by personal service or otherwise, including, without limitation, law enforcement officers,
prosecuting attorneys, and the attorney general, are hereby ENJOINED from imposing or
enforcing penalties solely for non-compliance with the Acton?s Order against the businesses listed
in the Complaint, for the reasons alleged herein. Plaintiffs further pray that they be awarded all
costs, fees, including attorney fees, they have incurred because of Defendants? unconstitutional

Orders.

spectfully nitted;~\

 

Thomas J. Connick (0070527)
CONNICK LAW, LLC

25550 Chagrin Blvd, Suite 101
Beachwood OH 44122

PH: 216-364?0512 FX: 216?609-3446
Email: 

Jf?iw w. air?ow xv

Edward W. Cochran (0032942)

20030 Marchmont rd.

Shaker Heights, OH 44122

PH: 216~751-5546

Email: edwardcochrand?wowwav.com

Attorneys for Plainti?fs

 

 

 

 

Cg . coma-19 COMPLAINT
NOTICE

Gerald-rd Department at Public Health

 

 

Name of Establishment Address

Harry Buffalo 4th 2120 4th Street
Phone Number if Date I
216621-8887 5/16/2020

 

 

 

 

it has come to our attention that your business or facility may not be in compliance with the Ohio Department
of Health Orders. Based upon information provided to the Cleveland Department of Fublic Health, this Notice
serves to inform you of the complaint. 

There is a state of emergency in Ohio due to Pursuant to Ohio Revised Code 3701.13, the Ohio
Director of Health has issued several Public Health Orders. Failure to comply with any Order listed below is a
misdemeanor criminal offense subject to prosecution pursuant to Ohio Revised Code 3701.352. Businesses
that do not comply and are found to'be in violation will be ordered to immediately close until the applicable
public health order is lifted and may be subject to inspection. Order can be found at the this iink,?



All businesses must implement the strategies in the Order. Noncompliant sections are checked off below. Upon

 

 

Stay Safe Ohio Order (011/ 30/ 20 - 05/29/20)

Facial Coverings all employees are required to wear appropriate facial coverings (8)
Business/Operation is to remain closed until Order is amended or rescinded (13)
Limit food, alcohol sales to carry-out delivery only (13b)

 

Applies to all Sector Speci?c information Cl Contact local health district about suspected
and Checklist for Businesses/Employers cases/exposures 
Ensure minimum 6 feet between people, if not
possible, install barriers Manufacturing, Distribution Construction 
Establish maximum capacity in facility Cl Daily disinfection of desks and workstations
Employee daily assessment (take Cl Change shift patterns fewer shifts)
temperature, monitor fever, watch for cough, Cl Stagger lunch and break times 
etc.) [3 Daily deep disinfection of high-contact surfaces
Cl Require. employees to stay home if El Spacing on factory floor to allow for distancing
. Cl Require regular (by employees) [3 Regulate maximum number of people in
Stagger or limit arrivals/entry of employees cafeterias/common spaces
/guests/ customers 
Cl Shutdown shop/floor for deep sanitation if Consumer, Retail Services (5/12)
possible After May 1, 2020 11:59 pm Restrict operations
Cl immediately isoiate/seek medical care for to curbside pickup, delivery or appointment-only
individualis) who develops while at (limit to 10 customers at one time)
work El Food courts remain closed

EXHIBIT

Pagelofz 

   

 

 

 

Cease seif-service food stations, product
samples

Clean merchandise before stocking if possible
Post Social distancing signage and disinfect high-
contact surfaces hourly

Clean high-touch items after each use (eg.
baskets, carts)

Place hand sanitizer in high-contact locations
Specify hours for at-risk populations

Ensure minimum 6 feet between customers

13 Ci

Generai'office Environments 
El Reduce sharing of work materials

 

Limit travel as much as possible

No buffet service in cafeteria

Daily disinfection of common areas

Frequent disinfection of desks, workstations,
and high?contact surfaces

Post signage on health and safety guidelines in
common areas

Cancel/postpone in-person events when social
distancing guidelines cannot be met

i3 disposable tableware and other materials

D- 

Other
item Number



Continuing to operate this business while in violation of any of the above is a public health nuisance
and can constitute as a danger to life and the public. if found in violation of ORC 3707.01 you wiil be
ordered to cease the above identified activity pursuant to ORC 3709.21 and 3707.01. Due to 
19, this Order is considered an emergency and is effective immediateiy.

Additional Notes:

 

 

 

 

 

 

 

You may reach us at 216-654-2300.

A copy of this notice will be sent to the Ohio Department of Health.

Page 2 of 2

 

 

 

 

cap 

Cleveland Department of Public Health

COVID-19 INVESTIGATION
Inspection Report

 

 

 

 

Name of Establishment . .Address
?re?ght, ?fe/a L/l?l 5i c3 Li'll?w Sireair
Phone umber? - ate

 

Salli/[90

 

emf/a 88%

NOTICE

There is a state of emergency in Ohio due to the prevalence of Pursuant to Ohio Revised Code
3701 . 3, the Ohio Director of Health has issued several public health orders. If a facility cannot comply with

these orders they are to shut down.

3/ This facility is currently in violation of one or. more publicvhealth orders. Violation of an order is a criminal
offense under Ohio Revised Code (ORC) 3701.99 and a civil offense.
Cl At time of inSpection this facility was NOT found in violation of one or more public health orders. 

Applicable Section of Director?s Stay Safe Ohio Order (04/30/20 05/29/20)

Cl Facial Coverings all employees are required to wear appropriate facial coverings (8)
Business/Operation is to remain closed until order amended or rescinded (13)
9/ Limit Food, Alcohol Sales to Carry Out Delivery Only (1313)

Applies to all Sector Specific information

and Checklist for Businesses/Employers
Cl Ensure minimum 6 feet between people, if not

possible, install barriers 4

Cl Establish maximum capacity
Cl Employees daily assessment (take
temperature, monitor fever, watch for cough,
etc.)
Require employees to stay home if 
Require regular handwashing (by employees)
Stagger or limit arrivals/entry of
employees/guests
Shutdown shop/?oor for deep sanitation if

possible -
immediately isolate/seek medical care for
individual who develops while at work
Contact local health district about suspected
cases/exposures

DECIDED

Manufacturing, Distribution Construction 
[1 Daily disinfection. of desks and workstations

 

Change shift patterns fewer shifts)

Slugger lunch and break times

Daily deepdisinfection of high-contact surfaces
Space factor-y ?oor to allow for distancing
Regulate max number of people in

cafeterias/common spaces



Consumer, Retail Services (5/12)

??May 2020 11:59 om Restrict operations to
curbside pickup, delivery or appointment-only

(limit to 10 customers one time)

Food courts remain closed 

Cease self~service food stations, product samples

Clean merchandise before stocking if possible

Post social distancing signage and disinfect high-

contact surfaces hourly

Clean high-touch items after each use 

baskets, carts)

Place hand sanitizer in high-contact locations

Specify hours for at?risk populations

Ensure minimum 6 feet between customers

Cl UDUD

 

 

 

 

 

 

Cl Post signage on health safety guidelines in
General Of?ce Environments common areas
Ci Reduce sharing of work materials Ci Cancel/postpone in person events when social
Limit travel as much as possible distancing guidelines cannot be met
No buffet in cafeteria Ci Utilize disposable tableware and other materials
Cl Daily disinfection of common areas
Cl Frequent disinfection of desks, workstations, and Other
hi gh?contact surfaces Item Number 

 

Continuing to Operate this business while in violation of any of the above IS a nuisance and a danger to
life and public health 1n violation If found 111 violation of ORC 3707.01 you will be ordered to cease the
above identi?ed activity pursuant to ORC 3709 21 and 3707 01 Due to COVID- 19, this order' is an
emergency and IS effective immediately



 

 

(>de is (Kg? Wml??i Mog?i"
oer-5., gel/MW Mm)? 
[Over-? Avid LA 

Opmdy?ow [b C0m63ickdg?k

 

 

 

 

Inspected by (print name) Received by (print name)

 

 

 

 



Em.? {head ?not 

1'
I

 

 

 

OHIO ESAFETY
OHIO UNIT

31' I.-I Eh
It'll"; {/fl 
(Mu
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fuzz" 41$ if}. i a 20 h) 
DATWE ATIUN mm IIC E. ISIRLJ IIME 1
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I.) ..


 

'Wf PERM-IT .

 

 

 

.?Ii

mid-r1" 
.r :53 4 PEEMLT No i DATE .ww?u-u?um .- 

 

 



?This is to notify you that' the :Ibove establishment was inspected by Agents; of the Investloatwe Unit. Ohio Depar?nnent of Public;
Safety on the above date, and the foilowing violations were noted:

4?w- .-.

1. a: 3g 5.151 ?fl-Tj --


 

 

 

 

 

 

 

0008 2/13[760u1494) ?v?Vhiiew Permit Holder Canary - Cenlrzai Office Pink Dishici Office Goidenrod Retain 'In Book

. II
. . . 
.
min? 4n. Jami-rm. .A 1mg.?

 

EXHIBIT

 

 

 

 

 

OHIO DEPARTMENT OF SAFETY

 

 

 

01-110 INVESTEGATEVE UNIT 1?0 A A, 3.31.
f? ti?. . 7?4 1 
VIOLATION. NOTFCE
1 0.13.11,
E1. 1:111; 11115.15AA 1 S- A.
9131211117 81' memeguf) (511 432.15

 

 

DATE 1? 111011171011 MP1 ?1 1020
DATE Egg/02? 63 .J 
7 

.5

 

10.33539

wig/1117 ?435/4 157- 110115.10?? 711/1? $01 44174,? 02 an

 

  

1YPE OF PERMIT b6. Db

 



 

 

NC) EXPHRAHON DATE

 

HP 1 9211 1A.) mm

015.! DE 12011

This is to notify you that the above establishment was inspected by Agents of the lnvesiigative Unit, Ohio Department 21f Public
Safety, on the above date, and the foliowing violations were noted:



 

 

 

 

 

 

 

 



 

 

 

11th 0008 2113 [760-1494] While - Permit Hower

 

Canary - Centrai Of?ce Pink District Of?ce

Goldenrod - Retain In Book

 

 

 

 

 

 

ceph 

COMPLAINT

 

 

NOTICE
Cicreiand Department at Public Heallh
Name of Establishment Address
TownHail 1909 25th Street
Phone Number . Date-
216.344.9400 5/ 1 6/ 2020

 

 

 

 

. it has come to our attention that your business or facility may not be in compliance with the Ohio Department
of Health Orders. Based upon information provided to the Cleveland Department of Public Health, this Notice

serves to inform you of the complaint.

There is a state of emergency in Ohio due to Pursuant to Ohio Revised Code 3701.13, the Ohio
Director of Health has issued seVeral Public Health Orders. Failure to comply with any Order listed below is a
misdemeanor criminal offense subject to prosecution pursuant to Ohio Revised Code 3701.352. Businesses
that do not comply and are found to be in violation will be ordered to immediately close until the applicable
public health order is lifted and may be subject to inspection. Order can be found at the this link,

 

All businesses must implement the strategies in the Order. Noncompliant sections are checked off below. Upon
this notice, this business or facility is ordered to immediately implement the required safety precautions.

Stay Safe Ohio Order (04/30/20 - 05/29/20)

Facial Coverings all employees are required to wear appropriate facial coverings (8)
Business/Operation is to remain closed Until Order is amended or rescinded (13)
Cl Limit food, alcohol sales to carry?out delivery only (13b)

Applies to all Sector Speci?c COVID-19 Information
and Checklist for Businesses/Employers

Ensure minimum 6 feet between people, if not

possible, install barriers

Establish maximum capacity in facility

Employee daily assessment (take
temperature, monitor fever, watch for cough,
etc.)
Require employees to stay home if 
Require regular handwashing (by employees)
Stagger or limit arrivals/e ntry of employees
fguests/ customers 
Shutdown shop/floor for deep sanitation if
possible 
immediately isolate/seek medical care for
individual{s) who develops while at
work

a and

Page 1 of 2

 

Contact local health district about suspected .
cases/exposu res

Manufacturing, Distribution Construction 
Dally disinfection of desks and workstations
Change. shift patterns (eg. fewer shifts)
Stagger lunch and break times

Daily deep disinfection of high-contact surfaces
Spacing on factory floor to allow for distancing
Regulate maximum number of people in
cafeterias/common spaces



Consumer, Retail Services (5/12)
After May 1, 2020 11:59 pm Restrict operations
to curbside pickup, delivery or appointment-only
(limit to 10 customers at one time)
[3 Food courts remain closed

EXHIBIT 

     
 

 

 

 

 

 

HIDE



Cease self-service food stations, product
samples

Clean merchandise before stocking if possible
Post social distancing signage and disinfect high-
contact surfaces hourly

Clean high-touch items after each use 
baskets, carts)

Place hand sanitizer in high-contact locations
Specify hours for at-risk populations

Enswe minimum 6 feet between customers

General Office Environments 
Reduce sharing of work materials

Additional Notes:

a a ma?a

 

 

l3

Limit travel as much as possible

No buffet service in cafeteria

Daily disinfection of common areas

Frequent disinfection of desks, workstations,
and high-contact surfaces

Post signage on health and safety guidelines in
common areas

Cancel/postpone in-person events when social
distancing guidelines cannot be met

Utilize disposable tableware and other materials

Other

item Number?

I

Continuing to operate this business while in violation of any of the above is a public health nuisance
and can constitute as a danger to life and the public. If found in violation of ORC 3707.01 you will be
ordered to cease the above identified activity pursuant to ORC 3709.21 and 3707.01. Due to COVID-

19, this Order is considered an emergency and is effective immediately.

 

 

 

 

 

 

 

 

You may reach us at 216-664-2300.

A copy of this notice will be sent to the Ohio Department of Health.

Page 2 of 2

 

 

 

 

maveland Deparunen! at Public Hea?h

INVESTIGATION
Inspection Report

 

 

 

 

?sail?W100

Name of Establishment Address 1% _l
?ism ital I 01001 as at
Phone Number I Date

 

slulao

 

NOTICE

There is a state of emergency in Ohio due to the prevalence of Pursuant to Ohio Revised Code
3701.13, the Ohio Director of Health has issued several public health orders. If a facility cannot comply With

these orders they are to shut down.

This facility is currently in violation of one or more public health orders. Violation of an order is a criminal

offense under Ohio Revised Code (ORC) 370l .99 and a civii offense. .
Cl At time of inspection this facility was NOT found in violation of one or more public health orders.

Applicable Section of Director?s Stay Safe Ohio Order (04/30/20 05/29/20)

Facial Coverings all employees are required to wear appropriate facial coverings (8)
Business/Operation is to. remain closed until order amended or rescinded (13)
[3 Limit Food, Alcohol Sales to Carry Out Delivery Only (l3b)

Applies to all Sector Speci?c COVID-IQ Information
and necklist for Businesses/Employers

Ensure minimum 6 feet between people, if not

ossible, install barriers

g?g?ablish maximum capacity

Employees daily assessment (take
temperature, monitor fever, watch for cough,
etc.) 
Require employees to stay home if 
Require regular handwashing (by employees)
Stagger or limit arrivals/entry of
employees/guests
Shutdown shop/?oor for deep sanitation if
possible
Immediately isolate/seek medical care for
individual who develops while at work
Contact local health district about suspected
cases/exposures



Manufacturing, Distribution Construction 
Daily disinfection of desks and workstations

[3 Change shi? patterns (eg. fewer shifts)
Cl Stagger lunch and break times

Space factory ?oor to allow for distancing
Ci Regulate max number of people in
cafeterias/common spaces

Cyprus?, Retail Services (5/12)

May 1, 2020 1:59 pm Restrict operations to
curbside pickup, delivery or appointment-only

(limit to 10 customers one time)

Food courts remain closed

Cease self-service food stations, product samples
Cleanmerchandise before stocking if possible
Post social distancing signage and disinfect high-
contact surfaces hourly

Clean high~touch items after each use g.
baskets, carts)

Place hand sanitizer in high-contact locations

(g/Spccify hours for at-risk populations

El 



Ensure minimum 6 feet between customers

 

 

Daily deep disinfection of high?contact surfaces )7 lid/?4"

 

 

General Office Environments 
El Reduce sharing of work materials
Cl Limit travel as much as possible
No buffet in cafeteria
El Daily disinfection of common areas

Cl Frequent disinfection of desks, workstations, and

high-contact surfaces

 

[3 Post signage on health? safety guidelines in
common areas -

Cl Cancel/postpone in person events when social
distancing guidelines cannot be met

Ci Utilize disposable tableware and other materials

Other
Item Number 

Continuing to operate this business while in violation of any of the above is a nuisance and a danger to
life and public health in violation. If found in violation of ORC 3707.01 you will be ordered to cease the
above identi?ed activity pursuant to ORC 3709.21 and 3707.01. Due to COVID-19, this order is an

emergency and is effective immediately

COMMENTS

 

{Db \Lt?i; Meagan?) 
Cub 

 

 

 

Inspected by (print name)

 

A-

 

Received by (Pri?t name) (0 7 L, 

 

 

Go 6?0 

 

 

 

From: Stromp, Cady 
To: 'fsoponcic@skodaminotti.com' 'clevogirl@gmail.com' 

'gall06464@yahoo.com' <gal106464@yahoo.com>

Cc: Stromp, Paul 
Sent: Thursday, June 4, 2020, 09:29:32 AM EDT

Subject: COVID related complaint

Hello?

am contacting you regarding a related complaint we received. A complainant stated that when picking up a to-gc
food order the employee had their mask around their neck and not on their face. The employee also took the customers
phone out of his hand without his permission to check on his order number. They were also concerned with how social

distancing was being handled when patrons were waiting for food.

Basically, we are notifying you of the complaint and asking that you make every attempt to accomplish the Gov. guidelines
in regards to social distancing. I know that is may be difficult at times. Additionally, staff must wear a mask at all times and

should not be handling people?s personal property.

Please let us know if you have any questions.

Cady Stromp, MPH, RS
Lead Public Health Sanitarian

Environmental Health Division

Lake County General Health District -
5966 Heisley Road

Mentor,'0hio 44060

Desk (440)350-2835

Cell (216)403-1058

Office (440)350-2543

Fax (440)350-2548

cstrom lc hd.or

   

. Lake County
garnered Health District:

 

   

ll'rnmb W?m?'lt, I .

Our Mission: Working to prevent disease, promote health, and protect our community

 

 

 

 

 

MAUREEN G. KELLY, CLERK OF COURTS

FILED VIA EMAIL 

 

., TIME #25427. MON PLEAS COURT
COUNTY, OHIO

Enati'on Form LDC. 

. . A u: an base

I 20CV000734

MFRS Diamond ac Bar eta. 1 JOHN P. 
Amy Acton, et at,

designation upon the face of the complaint that the action is being re?led. The word
must appear in upper case letter under the word Directly
beneath the word the complaint shall identify the case number of this dismissed

action. Former Case no.

 

Case Categories (Mark one category only)

 

Administrative Appeal (Speci?c ORC See.) Section
Consumer Sales Practices: Actions commenced under applicable section of ORC Chapters:

109, 1315, 1317, 1321, 1322,1333, 1334, 1345, 1349, 3953, 4505, 4549, 4710, 4712, 4719,

4775, 4905 or 531]
Contract or Quasi Contract
Criminal
Declaratory Judgment

See Foreclosure Case Designation Form

Foreign Judgment
Malpractice (specify)

Credit Card (CI)

Personal Injury
Product Liability

- Professional Tort
Provisional Remedy (Replevin, Attachment, Gamishment)
Workers Compensation
Other Tort

XX, Other Civil

 

 

 

 

 

 

 

The designation ?money only? may not be used if one of the above speci?c categories is
applicable. Further, the caption shall note any statutory provision that is unique to the
particulate cause and controls the time within which the case is to proceed, once ?led. (EX.
Miscellaneous Contest of Election (ORC Section 3515.10 Hearing within 30 days.)

 

 

 

Revised Code Section unique to this particular cause which controls the time within which the

case is to eed: 
Signature

 

Thomas J. Connick, Esq.

 

 

 

Connick Law LLC Firm name
25550 Chagrin Suite 101 Beechwood OH 44122 Address
216-364?0512 Phone number

 

revised 9/27/13 nr

Printed name Registration No.

 

 

 

 

MAUREEN G. KELLY
CLERK OF COURTS

Lake County Common Pleas. Court
. ATTENTION ALL PARTIES TO THE CASE

. Whether you are-represented by an'Attorney or representing
. yourSelf in this Legal action, LAKE COUNTY LOCAL
1-.- RULES. req-uirethat all participants familiarize
- {a themSelyes with, and follow. the requirements of each court. 

- Pre?trial orders and procedures are available on our website
at

wwaaltecountvohiogov/coc
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. Select the appropriate pre-?trial order/procedure for YOUR 

respective case and Judge.

Hyatt are unable to access or unclear as to which pre?trial

order/procedure applies to you, contact the Of?ce'of theClerk -

. ?of Courts, New Case Department (440.350.2657) during.
normal business hours and a copy will? be immediately
mailed to you. 

Maureen G. Kelly, Clerk of Courts

Revised 7/1/2013 Pretrial orders -