Today, Finney Law Firm attorneys, along with Maurice Thompson of the 1851 Center for Constitutional Law, filed suit in Warren County Common Pleas Court against Ohio Director of Health Dr. Amy Acton to reopen Kings Island amusement park.
This is the seventh in a series of cases filed by Finney Law Firm to re-open businesses in Ohio.
On Monday, Finney Law Firm filed suit against Hamilton County’s Municipal Court Judges at the Ohio Supreme Court to make them re-open eviction proceedings that had been shut down since March 15.
Just last week, presiding Judge Heather Russell had signed an order extending the eviction moratorium through July 1, and the Clerk was not scheduling new hearings until the end of July. In fact, the Clerk’s office was telling prospective plaintiffs that they had no idea when eviction court would re-open.
As is reported here, Hamilton County was the second-to-last of Ohio’s 88 counties to re-open eviction court.
On Wednesday, the Judges met and, possibly motivated by our law suit, voted to re-open eviction proceedings essentially immediately, Monday, June 8. We’ll consider that a victory for our client!
We also want to thank the Cincinnati Real Estate Investors’ Association (CREIA) and the Ohio Real Estate Investors’ Association (OREIA) for their initiation and funding of the suit!
Finally, our co-counsel, Curt Hartman led the legal team on this quick and successful battle.
Jennifer Edwards Baker of Fox 19 has the story here.
The COVID-19 crisis has created a series of delays in civil and criminal cases. One of those casualties has been residential evictions in Hamilton County.
The problem
No evictions hearings have been held since March 15, and the earliest they are scheduling new hearings at present is July 28. This means not only that landlords can’t clear their properties of tenants who won’t pay rent, but also that tenants who deal drugs, damage property — or even worse criminal behavior — can stay in possession now for more than five months before the landlord can have a hearing to restore possession of the property to him.
Suing the Judges
Finney Law Firm has initiated a relatively unused action — for a Writ of Procedendo — to force the Hamilton County Municipal Court Judges to proceed with forcible entry and detainer actions. The Complaint, captioned State Ex rel. Salvador Properties v. Judge Heather Russell is here.
Other counties
Below is what our research has shown other counties currently are doing (note “per normal” noted below means you can timely get a decision in an eviction case; there may be modified procedures and hours to accommodate the crisis):
Butler County: Holding hearings per normal;
Warren County: Holding hearings per normal;
Clermont County: Holding hearings per normal;
Franklin County (Columbus): Holding hearings per normal;
Montgomery County (Dayton): Holding hearings per normal;
Summit County (Akron and all Municipal Courts): Holding hearings per normal;
Lucas County (Toledo): Holding hearings per normal;
Mahoning County (Youngstown): No hearings being scheduled; and
Cuyahoga County (Cleveland and all Municipal Courts): Cleveland and Cleveland Heights are holding hearings after 6/15/20 and 6/17/20, respectively, and other Municipal Courts (Shaker Heights and Berea) are holding hearings per normal.
So, of surrounding counties and Ohio’s major urban counties, only Mahoning (Youngstown) and two of four Municipal Courts in Cuyahoga County are further delaying eviction hearings for COVID-19 issues. Other than Youngstown with no hearings being scheduled at all, Hamilton County presently is the worst in the State for scheduling eviction hearings.
Conclusion
This suit is one in a series of actions initiated by Finney Law Firm to re-open Ohio business and Courts that have been closed under the COVID-19 crisis. For more information, contact Chris Finney (513.943.6655).
National Mortgage News reports here that Fannie Mae’s latest forecast forsees the largest refinance volume in eight years due to continued low interest rates arising from the coronavirus-economic contraction.
Finney Law Firm, attorney Curt C. Hartman and the 1851 Center for Constitutional Law won a great victory for Ohio citizens today when Judge Eugene Lucci of Lake County Common Pleas Court ruled unconstitutional the broad rule-making by Governor Mike DeWine and Dr. Amy Acton (Director of Ohio Department of Health) that has shut down Ohio businesses and locked people in their own homes.
The specific ruling today addressed re-opening Ohio gyms and fitness facilities, but the reasoning in the decision broadly finds all of Dr. Acton’s orders are unconstitutional. Read about that here.
Here is a wrap of today’s media coverage of this landmark decision:
I want to recognize the outstanding legal strategizing and implementation of Maurice Thompson of the 1851 Center for Constitutional Law, Curt Hartman, and Julie Gugino and Rebecca L. Simpson of this firm in this case. They did simply outstanding work on a series of cases holding Dr. Acton’s feet to the fire as to her authority (or lack thereof) to shut down businesses and incarcerate residents throughout Ohio during the COVID-19 crisis.
These attorneys have caught the vision of the Finney Law Firm to use our law licenses to “Make a Difference” for our clients and community with our legal work.
This morning Judge Eugene Lucci of the Lake County Court of Common Pleas issued a preliminary injunction which effectively permits Ohio gyms to reopen immediately.
Today, Finney Law Firm attorney Matt Okiishiparticipated in a panel discussion for the public sponsored by the Cincinnati Bar Associationon employment law issues presented by the COVID-19 crisis.
That discussion is now on line. You may watch it here.
Matt Okiishi devotes his practice to the employment law arena, representing both employers and employees in disputes, which include wage and hour issues, Family and Medical Leave Act issues, and illegal discrimination based upon age, race, gender, handicap, national origin, and other protected classifications. He has written extensively on COVID-19-related employment legislation on this blog.
Please contact Matt (513.943-6659) for help with your employment law issues.
Finney Law Firm is pleased to announce that Attorney Susan Cress Browning, a veteran consumer bankruptcy attorney, has recently joined our firm and anchors our bankruptcy law group.
Susan has a passion for the practice of consumer law. Her membership in several legal associations have afforded her the opportunity to learn from and educate some of the most respected consumer law practitioners in the country. This invaluable experience, combined with her strong compassion and commitment to her clients, has culminated in Susan’s successful consumer bankruptcy practice.
Susan earned her Juris Doctorate cum laude at Northern Kentucky University’s Salmon P. Chase College of Law in 2002. Her practice includes the filing and management of Chapter 7 and Chapter 13 consumer bankruptcy cases. She is admitted to both Ohio and Kentucky Bars and to both State and Federal Courts.
She will be located in our Mt. Adams office and will meet with clients at either of our office locations. Please contact Susan (513-797-2857) for a free consultation.
Finney Law Firm’s new Business Manager is not an attorney, but an experienced and gifted executive for small businesses, a manager of people and capital resources. She is the author of four published books, including Work Smart, Not Hard! and BOLD Leadership. She will from time to time share her leadership and management insights in this blog.
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It looks like most small businesses are going to have to hit the reset button. While we are busy “re-opening” and assessing our next steps, it is important not to lose sight of the vision and the dreams that brought us to starting our businesses in the first place. So, let’s get back on track and begin with renewed energy and focus!
When times are bad is when the real entrepreneurs emerge.
– Robert Kiyosaki, founder Cashflow Technologies Inc.
When searching for ways to grow and attract more clients and customers to our businesses, we are sometimes puzzled by those who have mastered the art of success in a seemingly effortless way. What are their secrets? They have figured out that success is the direct effect of working from the inside out. In other words, getting the best out of the people on their team. They know that:
Emotional and Creative Intelligent people are invaluable.
Hire employees with a high EQ and high CQ. Individuals with high EQ (emotional quotient) soft skills are good at critical observation, problem solving, conflict resolution, project management, teamwork, and adaptability. Individuals with a high CQ (creative quotient) are curious. They have keen intuition, improvisation and see problems as opportunities.
The things we fear the most in organizations- fluctuations, disturbances, imbalances – are the primary sources of creativity.
– Margaret Wheatley
All problems and all solutions boil down to one thing – communication.
Effective and ongoing communication is at the foundation of all successful businesses. Business owners must practice listening empathetically without formulating a reply, understand others’ unique perspectives, and seek a win/win in every communication, to the extent possible.
Change is good.
If you keep doing the same things and expect a different result, you will go insane. Be open to new ideas and ways of conducting business. Be flexible, curious and humble. Attract disruptors – those individuals who can objectively see the company’s blind spots and help pave the way to innovative solutions to nagging, ongoing problems.
Servant leadership works.
Show your employees that you care more about them as human beings than about how they can make money for your business. If you have an issue with someone, confront it, as it will not go away on its own by sheer avoidance. If you are clear, concise and kind in your delivery, most people will appreciate honest conversation and the ability to clarify a misunderstanding or the opportunity to perform at a higher level. Be a mentor rather than a director.
Not everyone is an entrepreneur.
Many business owners want to believe that their employees think like they do. They do not. If they wanted to be a business owner, they would be. Put them in positions that play to their strengths so they can work to optimal capacity and allow them to perform work in their own natural way.
Negative employees cannot remain.
As the saying goes, it only takes one bad apple to spoil the whole bunch. Even employees who perform well can have an extremely negative effect on the business if they are not rowing in the same direction and are causing turmoil in the workplace.
Governing by the dollar does not work.
Money is great – everyone needs it – but making money the primary objective skews thinking. It can interfere with employee morale and individual self-esteem. Not all work performed turns into revenue for a company (i.e. sales force versus administrative team). However, one cannot exist without the other. Build teams so strong that you cannot tell where one employee leaves off and the other one begins. Incentivize the net result.
Chase the vision, not the money, the money will end up following you.
– Tony Hsieh, CEO Zappos
Conclusion:
To learn more about how you can recruit the best employees for your team, contact Jane Schulte, 513.797.2855.
