Wednesday, April 26, 2006

Ohio Supreme Court on Schulz v. McCloskey

Fox News was first with the story, their link is above.

MERIT DECISIONS WITHOUT OPINIONS

State ex rel. Schulz v. McCloskey:

In Quo Warranto. On motion to dismiss. Motion to dismiss granted. Cause
dismissed.

Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor and O’Donnell,
JJ., concur.
Lanzinger, J., not participating.

Statement from Dave Schulz:

I am gratified that the court ruled I had standing to bring the case but regret that the court couldn't muster the courage to try the case. The citizens of Toledo suffer for that. I do take comfort knowing that both defendants in the case face more severe legal problems that could ultimately end in the usurpers being thrown out of office.

Statement from Attorney Terry Lodge:

When the voters overwhelmingly voted for term limits in 1992, they voted for term limits, not to allow politicians to make the observation of term limits a matter of the honor system.

Regrettably, the Ohio Supreme Court has dismissed the lawsuit without even giving Toledo and Ohio voters a written opinion. Thus we do not have any guidance as to when terms of elective office can or cannot be restricted.

The effect of the Supreme Court's decision is to alter Toledo's term limits law into a cudgel to drive ethical leaders to follow the law and leave office, while less honorable ones may choose to abide by the law, or not - because term limits apparently are no longer quite the law. That sorry situation doesn't say much for democracy, and it doesn't bode well for the future of Toledo municipal government.

On a semi-related note, Bob McCloskey has announced today that he is stepping down from Toledo City Council as per this breaking news piece.

3 comments:

Anonymous said...

Ver-r-r-y interesting. Now what do you suppose will transpire from all this?

Unknown said...

Well, now that Bob has stepped down that portion of the issue is kind of moot. However there still would be questions as far as how term limits could be applied that were not answered that could again come up in the future.

Also, Betty is still in office, she's avoided most of the attention on this issue probably because Bob did have other things going on both on a civil and a criminal front so there was more media focus on him. When Tom Noe goes to trial her involvement will probably come up.

I don't think Bob's decision to step down had anything to do with the Supreme Court decision, it just turned out to come out on the same day.

Hooda Thunkit (Dave Zawodny) said...

See ya Bob.

Although you will be missed (for your entertainment value, if for nothing else), I feel confident that Carty "the Passionate" will keep the pot stirred adequately in your absence.