Update: Court Grants Permanent Injunction in Local Hire Lawsuit

Construction Update

Date: February 01, 2017

Key Notes:

  • Court grants Cleveland permanent injunction preventing implementation of Ohio House Bill 180.
  • The state has 30 days from January 31, 2017 to appeal to Ohio's Eighth District Court of Appeals.

On January 31, 2017, Judge Michael Russo of the Cuyahoga County Common Pleas Court granted the city of Cleveland a permanent injunction in the city’s lawsuit against the state of Ohio related to Ohio’s new local hiring statute, House Bill 180.

House Bill 180, which prohibits the use of local hiring requirements on public projects in Ohio, was set to become effective August 31, 2016. In its lawsuit, the city of Cleveland argued that the statute undermines its home rule authority by barring enforcement of the city’s Fannie M. Lewis Cleveland Resident Employment Law, which requires at least 20 percent of construction hours to be performed by Cleveland residents and 4 percent of that work to be done by residents considered low-income for all city-funded projects costing $100,000 or more.

The court issued a preliminary injunction on August 30, 2016 prohibiting the state from enforcing the new law and scheduled a trial on Cleveland’s request for a permanent injunction for November 7, 2016. Judge Russo issued a notice on November 9, 2016 stating that, pursuant to a joint stipulation by the parties, no trial on the permanent injunction was held. Instead, the court considered the evidence before it and on January 31, 2017 granted the city’s motion for a permanent injunction.

The state has until March 2, 2017 to appeal the permanent injunction to Ohio's Eighth District Court of Appeals.

For additional details, read “Ohio Legislature Passes Ban on Local Hiring Requirements,” “New Law Bans Local Hiring Requirements on Ohio Public Projects” and “Court Grants Preliminary Injunction in Local Hire Lawsuit.”


For more information, please contact:

Jeffrey R. Appelbaum

Heather A. Bartzi

Jack Clark

Daniel M. Haymond

Erin Luke

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