(Toledo, OH) Toledo government leaders get sued over the city's lead safe ordinance.
A Toledo landlord and a group of property investors are behind the court case, challenging city council's authority to task an outside agency with enforcing an ordinance they passed.
At issue is whether Toledo city government can make the local health department force property owners to comply with lead inspections, levy fines, and run the "lead-safe" program. A lawyer for the group claims the law goes against the Ohio Constitution and could open up a Pandora's box of future laws that extend a city's authority beyond limits set by state law.
The lawsuit relies heavily on a 2002 court case. The lawyer for landlords contends local officials also overstepped their authority by having public health officials enforce a county-wide indoor smoking ban, which was struck down by the Ohio Supreme Court 15 years ago.
Toledo's law department has yet to respond to the court case.